“Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it.”

Reflections on the Revolution in France (1790)
Context: Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only not to depend upon it, but in some sort to balance it. It ought to give a security to its justice against its power. It ought to make its judicature, as it were, something exterior to the state.

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only n…" by Edmund Burke?
Edmund Burke photo
Edmund Burke 270
Anglo-Irish statesman 1729–1797

Related quotes

James Madison photo

“Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority.”

James Madison (1751–1836) 4th president of the United States (1809 to 1817)

Statement (26 June 1787) as quoted in Notes of the Secret Debates of the Federal Convention of 1787 http://avalon.law.yale.edu/18th_century/yates.asp by Robert Yates
1780s
Context: The man who is possessed of wealth, who lolls on his sofa or rolls in his carriage, cannot judge the wants or feelings of the day-laborer. The government we mean to erect is intended to last for ages. The landed interest, at present, is prevalent; but in process of time, when we approximate to the states and kingdoms of Europe, — when the number of landholders shall be comparatively small, through the various means of trade and manufactures, will not the landed interest be overbalanced in future elections, and unless wisely provided against, what will become of your government? In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority. The senate, therefore, ought to be this body; and to answer these purposes, they ought to have permanency and stability.

Calvin Coolidge photo
George Howard Earle, Jr. photo
John Marshall photo

“The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land”

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

17 U.S. (4 Wheaton) 316, 406-407
McCulloch v. Maryland (1819)
Context: [T]he Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, [p406] "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding."

Henry Ford photo

“So, while the people are indeed supreme over the written Constitution, the spiritual constitution is supreme over them. The French Revolutionists wrote constitutions too—every drunken writer among them tossed off a constitution. Where are they? All vanished. Why? Because they were not in harmony with the constitution of the universe. The power of the Constitution is not dependent on any Government, but on its inherent rightness and practicability.”

Henry Ford (1863–1947) American industrialist

Henry Ford (1922). Ford Ideals: Being a Selection from "Mr. Ford's Page" in The Dearborn Independent. p. 323; as cited in: William A. Levinson, Henry Ford, Samuel Crowther. The Expanded and Annotated My Life and Work: Henry Ford's Universal Code for World-Class Success. CRC Press, 2013. p. xxix

Byron White photo

“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”

Byron White (1917–2002) Associate Justice of the U.S. Supreme Court, American football player

Dissenting from the decision of the US Supreme Court in Doe v. Bolton, 410 U.S. 179 at 222 (1973); also applied to Roe v. Wade, 410 U.S. 113 (1973).

Mikhail Bakunin photo

“This flagrant negation of humanity which constitutes the very essence of the State is, from the standpoint of the State, its supreme duty and its greatest virtue.”

Mikhail Bakunin (1814–1876) Russian revolutionary, philosopher, and theorist of collectivist anarchism

Rousseau's Theory of the State (1873)
Context: We … have humanity divided into an indefinite number of foreign states, all hostile and threatened by each other. There is no common right, no social contract of any kind between them; otherwise they would cease to be independent states and become the federated members of one great state. But unless this great state were to embrace all of humanity, it would be confronted with other great states, each federated within, each maintaining the same posture of inevitable hostility. War would still remain the supreme law, an unavoidable condition of human survival.
Every state, federated or not, would therefore seek to become the most powerful. It must devour lest it be devoured, conquer lest it be conquered, enslave lest it be enslaved, since two powers, similar and yet alien to each other, could not coexist without mutual destruction.
The State, therefore, is the most flagrant, the most cynical, and the most complete negation of humanity. It shatters the universal solidarity of all men on the earth, and brings some of them into association only for the purpose of destroying, conquering, and enslaving all the rest. It protects its own citizens only; it recognises human rights, humanity, civilisation within its own confines alone. Since it recognises no rights outside itself, it logically arrogates to itself the right to exercise the most ferocious inhumanity toward all foreign populations, which it can plunder, exterminate, or enslave at will. If it does show itself generous and humane toward them, it is never through a sense of duty, for it has no duties except to itself in the first place, and then to those of its members who have freely formed it, who freely continue to constitute it or even, as always happens in the long run, those who have become its subjects. As there is no international law in existence, and as it could never exist in a meaningful and realistic way without undermining to its foundations the very principle of the absolute sovereignty of the State, the State can have no duties toward foreign populations. Hence, if it treats a conquered people in a humane fashion, if it plunders or exterminates it halfway only, if it does not reduce it to the lowest degree of slavery, this may be a political act inspired by prudence, or even by pure magnanimity, but it is never done from a sense of duty, for the State has an absolute right to dispose of a conquered people at will.
This flagrant negation of humanity which constitutes the very essence of the State is, from the standpoint of the State, its supreme duty and its greatest virtue. It bears the name patriotism, and it constitutes the entire transcendent morality of the State. We call it transcendent morality because it usually goes beyond the level of human morality and justice, either of the community or of the private individual, and by that same token often finds itself in contradiction with these. Thus, to offend, to oppress, to despoil, to plunder, to assassinate or enslave one's fellowman is ordinarily regarded as a crime. In public life, on the other hand, from the standpoint of patriotism, when these things are done for the greater glory of the State, for the preservation or the extension of its power, it is all transformed into duty and virtue. And this virtue, this duty, are obligatory for each patriotic citizen; everyone is supposed to exercise them not against foreigners only but against one's own fellow citizens, members or subjects of the State like himself, whenever the welfare of the State demands it.
This explains why, since the birth of the State, the world of politics has always been and continues to be the stage for unlimited rascality and brigandage, brigandage and rascality which, by the way, are held in high esteem, since they are sanctified by patriotism, by the transcendent morality and the supreme interest of the State. This explains why the entire history of ancient and modern states is merely a series of revolting crimes; why kings and ministers, past and present, of all times and all countries — statesmen, diplomats, bureaucrats, and warriors — if judged from the standpoint of simple morality and human justice, have a hundred, a thousand times over earned their sentence to hard labour or to the gallows. There is no horror, no cruelty, sacrilege, or perjury, no imposture, no infamous transaction, no cynical robbery, no bold plunder or shabby betrayal that has not been or is not daily being perpetrated by the representatives of the states, under no other pretext than those elastic words, so convenient and yet so terrible: "for reasons of state."

Abraham Lincoln photo

“This sophism derives much, perhaps the whole, of its currency from the assumption that there is some omnipotent and sacred supremacy pertaining to a State — to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution, no one of them ever having been a State out of the Union. The original ones passed into the Union even before they cast off their British colonial dependence, and the new ones each came into the Union directly from a condition of dependence, excepting Texas; and even Texas, in its temporary independence, was never designated a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. Therein the "United Colonies" were declared to be "free and independent States;" but even then the object plainly was not to declare their independence of one another or of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterwards abundantly show. The express plighting of faith by each and all of the original thirteen in the Articles of Confederation, two years later, that the Union shall be perpetual is most conclusive. Having never been States, either in substance or in name, outside of the Union, whence this magical omnipotence of "State rights," asserting a claim of power to lawfully destroy the Union itself? Much is said about the "sovereignty" of the States, but the word even is not in the National Constitution, nor, as is believed, in any of the State constitutions. What is a "sovereignty" in the political sense of the term? Would it be far wrong to define it "a political community without a political superior"? Tested by this, no one of our States, except Texas, ever was a sovereignty; and even Texas gave up the character on coming into the Union, by which act she acknowledged the Constitution of the United States and the laws and treaties of the United States made in pursuance of the Constitution to be for her the supreme law of the land. The States have their status in the Union, and they have no other legal status. If they break from this, they can only do so against law and by revolution. The Union, and not themselves separately, procured their independence and their liberty. By conquest or purchase the Union gave each of them whatever of independence and liberty it has. The Union is older than any of the States, and, in fact, it created them as States. Originally some dependent colonies made the Union, and in turn the Union threw off their old dependence for them and made them States, such as they are. Not one of them ever had a State constitution independent of the Union. Of course it is not forgotten that all the new States framed their constitutions before they entered the Union, nevertheless dependent upon and preparatory to coming into the Union.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Fourth of July Address to Congress (1861)

Calvin Coolidge photo
Giovanni Gentile photo

Related topics