
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.
5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)
United States v. Stevens, 559 U.S. ___, 130 S.Ct. 1577 (2010) (Opinion of the Court).
Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 297
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.
Dissenting in Reynolds v. Sims, 377 U.S. 533, 589 (1964).
5. U.S. (1 Cranch) 137, 180
Marbury v. Madison (1803)
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.”
From The Bush Betrayal (Palgrave, 2004) http://www.jimbovard.com/Epigram%20page%20Bush%20Betrayal.htm
; quote excerpted in:
Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)