17 U.S. (4 Wheaton) 316, 426
McCulloch v. Maryland (1819)
Context: This great principle is that the Constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective States, and cannot be controlled by them. From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application to this case, the cause has been supposed to depend. These are, 1st. That a power to create implies a power to preserve; 2d. That a power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and to preserve; 3d. That, where this repugnancy exists, that authority which is supreme must control, not yield to that over which it is supreme.
“The Republican Party recognizes the right of the majority to govern, and their power to enforce that right against all attempts at disunion, come from what quarter they may. It is based upon the great fundamental principle upon which the National Government rests, that the Constitution, and all laws made in pursuance thereof, are to be faithfully observed and enforced, and it demands economy and a rigid accountability on the part of all public officers.”
Remarks on the Republican platform (1860)
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Elbridge G. Spaulding 10
American politician 1809–1897Related quotes
2000s, The Real Abraham Lincoln: A Debate (2002), The Lincoln-Douglas Debates
Chandler commented: To illustrate more clearly these lines of authority, McCallum drew up a detailed chart-certainly one of the earliest organization charts in an American business enterprise. (p. 103)
Source: Report of the Superintendent of the New York and Erie Railroad to the Stockholders (1856), p. 40. Partly cited in: Chandler (1977, p. 102)
This appears to be a manufactured quote for a PBS documentary on the American Revolution, created by condensing, rewriting, and paraphrasing portions of a lengthy letter James Madison wrote to Thomas Jefferson on 17 October 1788 http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=1937&chapter=118854&layout=html&Itemid=27, about the need for a Bill of Rights and the danger of an establishment of religion. The resulting "quote" profoundly changed the import of what Madison was trying to say and uses modern English. The phrases "biggest danger" and "tyranny of the majority" aren't even in the original letter. The relevant portions of the original letter are (italics in the original; bold added for emphasis):<blockquote>"… In Virginia I have seen the bill of rights violated in every instance where it has been opposed to a popular current. Notwithstanding the explicit provision contained in that instrument for the rights of Conscience, it is well known that a religious establishment would have taken place in that State, if the Legislative majority had found as they expected, a majority of the people in favor of the measure; and I am persuaded that if a majority of the people were now of one sect, the measure would still take place and on narrower ground than was then proposed, notwithstanding the additional obstacle which the law has since created. Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the Constituents. This is a truth of great importance, but not yet sufficiently attended to; and is probably more strongly impressed on my mind by facts, and reflections suggested by them, than on yours which has contemplated abuses of power issuing from a very different quarter. Wherever there is an interest and power to do wrong, wrong will generally be done, and not less readily by a powerful & interested party than by a powerful and interested prince. …"</blockquote>
Misattributed
Inaugural Address (4 March 1845)
Context: By the theory of our Government majorities rule, but this right is not an arbitrary or unlimited one. It is a right to be exercised in subordination to the Constitution and in conformity to it. One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights. Minorities have a right to appeal to the Constitution as a shield against such oppression.
Writing on the 15th anniversary of the Oklahoma City bombing
2010s
Context: p>Americans have more freedom and broader rights than citizens of almost any other nation in the world, including the capacity to criticize their government and their elected officials. But we do not have the right to resort to violence — or the threat of violence — when we don’t get our way. Our founders constructed a system of government so that reason could prevail over fear. Oklahoma City proved once again that without the law there is no freedom.Criticism is part of the lifeblood of democracy. No one is right all the time. But we should remember that there is a big difference between criticizing a policy or a politician and demonizing the government that guarantees our freedoms and the public servants who enforce our laws.</p
17 U.S. (4 Wheaton) 316, 432-433
McCulloch v. Maryland (1819)
1920s, Ordered Liberty and World Peace (1924)
2000s, Bush's Lincolnian Challenge (2002)