“The right of parliament to legislate for us cannot be accounted for upon any reasonable grounds. The constitution of Great Britain is very properly called a limited monarchy, the people having reserved to themselves a share in the legislature, as a check upon the regal authority, to prevent its degenerating into despotism and tyranny.”

— Alexander Hamilton , book The Farmer Refuted

The Farmer Refuted (1775)
Context: The right of parliament to legislate for us cannot be accounted for upon any reasonable grounds. The constitution of Great Britain is very properly called a limited monarchy, the people having reserved to themselves a share in the legislature, as a check upon the regal authority, to prevent its degenerating into despotism and tyranny. The very aim and intention of the democratical part, or the house of commons, is to secure the rights of the people. Its very being depends upon those rights. Its whole power is derived from them, and must be terminated by them.

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Alexander Hamilton 106

Founding Father of the United States 1757–1804

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“Our constitution is comparatively a new constitution. It is based largely on the model of the British Constitution. As such it has history if not ancestry, which may well go back to centuries. It is being worked I venture to presume, successfully and to the satisfaction of all concerned although within the short period of 10 years, it has had to undergo not less than 7 amendments…The constitution is largely founded on the British Constitution. There are certain differences which are obvious. The British Constitution is a unitary constitution in which the Parliament is supreme, having no other authority sharing its power of legislation except such as may be delegated. Our constitution is a federal constitution in which the powers and functions of the Union Parliament and the State Legislatures are clearly defined and the one has no power or right to encroach upon the rights and powers reserved to the other.”

Rajendra Prasad (1884–1963) Indian political leader

From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 14
Presidents of India, 1950-2003

“That instrument(The Constitution) meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter to Abigail Adams about the Sedition Acts (1804) https://founders.archives.gov/documents/Jefferson/99-01-02-0348
1800s, First Presidential Administration (1801–1805)
Context: You seem to think it devolved on the judges to decide on the validity of the sedition law. but nothing in the constitution has given them a right to decide for the executive, more than to the Executive to decide for them. Both magistracies are equally independant in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the constitution. But the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the constitution That instrument(The Constitution) meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.

“It is admitted that the power of taxing the people and their property is essential to the very existence of Government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the Government may choose to carry it. The only security against the abuse of this power is found in the structure of the Government itself. In imposing a tax, the legislature acts upon its constituents. This is, in general, a sufficient security against erroneous and oppressive taxation. The people of a State, therefore, give to their Government a right of taxing themselves and their property, and as the exigencies of Government cannot be limited, they prescribe no limits to the exercise of this right, resting confidently on the interest of the legislator and on the influence of the constituent over their representative to guard them against its abuse.”

John Marshall (1755–1835) fourth Chief Justice of the United States

17 U.S. (4 Wheaton) 316, 428
McCulloch v. Maryland (1819)

“The omnipotence of Parliament is for the British what for other nations is represented by the constitution, the declaration of independence and the law of human rights all rolled into one. That division of powers which was wrongly deduced from observation of Britain in the eighteenth century is unknown to Britain: just because we have no written constitution, the control of Parliament over both law and government has to be unlimited. In order for Britain to join the Community, the House of Commons has to be told, and to accept, that it will progressively lose its exclusive power to control legislation and government.”

Enoch Powell (1912–1998) British politician

Speech in Vaduz (15 January 1972), quoted in The Common Market: Renegotiate or Come Out (Elliot Right Way Books, 1973), pp. 30–31
1970s

“The judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that.”

John Adams (1735–1826) 2nd President of the United States

1770s, Thoughts on Government (1776)

“The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction, between a government with limited and unlimited powers, is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137, 177
Marbury v. Madison (1803)

“There seem, however, to be two cases in which it will generally be advantageous to lay some burden upon foreign, for the encouragement of domestic industry. The first is, when some particular sort of industry is necessary for the defence of the country. The defence of Great Britain, for example, depends very much upon the number of its sailors and shipping. The act of navigation, therefore, very properly endeavours to give the sailors and shipping of Great Britain the monopoly of the trade of their own country, in some cases, by absolute prohibitions, and in others by heavy burdens upon the shipping of foreign countries.”

Adam Smith (1723–1790) Scottish moral philosopher and political economist

Source: (1776), Book IV, Chapter II

“As the situation continues to unfold, our first concern is preventing injury or loss of life. So I want to be very clear in calling upon the Egyptian authorities to refrain from any violence against peaceful protestors.
The people of Egypt have rights that are universal. That includes the right to peaceful assembly and association, the right to free speech, and the ability to determine their own destiny. These are human rights. And the United States will stand up for them everywhere.”

Barack Obama (1961) 44th President of the United States of America

2011, Remarks on Egyptian protests (January 2011)
Context: My administration has been closely monitoring the situation in Egypt, and I know that we will be learning more tomorrow when day breaks. As the situation continues to unfold, our first concern is preventing injury or loss of life. So I want to be very clear in calling upon the Egyptian authorities to refrain from any violence against peaceful protestors.
The people of Egypt have rights that are universal. That includes the right to peaceful assembly and association, the right to free speech, and the ability to determine their own destiny. These are human rights. And the United States will stand up for them everywhere.

“This lesson was firmly in the minds of those who made the American Constitution. They proposed to adopt institutions under which the people should be supreme, and the government should derive its just powers from the consent of the governed. They were determined to be a sovereign people under a government having such powers as they from time to time should confer upon it by a written constitution. They did not propose to be under the tyranny of either the executive or the legislature.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Ordered Liberty and World Peace (1924)

“The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority”

Alexander Hamilton Federalist Papers

The Federalist Papers (1787–1788)
Context: The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

No. 78

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Alexander Hamilton 106

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