John Marshall (1755–1835) fourth Chief Justice of the United States
5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)
1850s, Speech on the Dred Scott Decision (1857)
Context: We believe … in obedience to, and respect for the judicial department of government. We think its decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution. But we think the Dred Scott decision is erroneous. … If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation, and with the steady practice of the departments throughout our history, and had been in no part, based on assumed historical facts which are not really true; or, if wanting in some of these, it had been before the court more than once, and had there been affirmed and re-affirmed through a course of years, it then might be, perhaps would be, factious, nay, even revolutionary, to not acquiesce in it as a precedent.
John Marshall (1755–1835) fourth Chief Justice of the United States
5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)
John Roberts (1955) Chief Justice of the United States
United States v. Stevens, 559 U.S. ___, 130 S.Ct. 1577 (2010) (Opinion of the Court).
Robert H. Jackson (1892–1954) American judge
Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 297
Theodore Roosevelt (1858–1919) American politician, 26th president of the United States
1910s, California's Policies Proclaimed (Feb. 21, 1911)
Context: When a judge decides a constitutional question, when he decides what the people as a whole can or cannot do, the people should have the right to recall that decision if they think it wrong. We should hold the judiciary in all respect; but it is both absurd and degrading to make a fetish of a judge or of anyone else.
John Marshall Harlan II (1899–1971) American judge and Associate Justice of the Supreme Court (1899-1971)
Dissenting in Reynolds v. Sims, 377 U.S. 533, 589 (1964).
John Marshall (1755–1835) fourth Chief Justice of the United States
5. U.S. (1 Cranch) 137, 180
Marbury v. Madison (1803)
Hugo Black (1886–1971) U.S. Supreme Court justice
Dissenting in Harper v. Virginia Board of Elections, 383 U.S. 663 (1966).
“We need a constitutional amendment to make the federal government obey the Constitution.”
James Bovard (1956) American journalist
From The Bush Betrayal (Palgrave, 2004) http://www.jimbovard.com/Epigram%20page%20Bush%20Betrayal.htm
Merrick Garland (1952) American judge
; quote excerpted in:
Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)