Laurence Tribe quote: “"[C]onstitutional silence"... pervades all of constitutional law.”

“[C]onstitutional silences, like silences of other kinds, aren’t just occasional gaps or omissions in an otherwise-seamless design. They’re everywhere and come in as many flavors and varieties as sounds. Ambiguity and multiplicity of meanings are in a sense manifestations of silence.”

Laurence Tribe (1941) American lawyer and law school professor

Soundings and Silences (2016)

“The idea which pervades our Constitution; that all men of every race are equal before the laws.”

Henry Wilson (1812–1875) Union Army officer, Vice president, politician, historian

Source: Speech (June 1853), p. 79

“If slavery is right, all words, acts, laws, and constitutions against it, are themselves wrong, and should be silenced, and swept away.”

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

1860s, Cooper Union speech (1860)

“Harmony is the characteristic of the intellectual system of the universe; and immutable laws of moral existence must pervade all time and all space, all ages and all worlds.”

George Bancroft (1800–1891) American historian and statesman

Literary and Historical Miscellanies (1855), The Necessity, the Reality, and the Promise of the Progress of the Human Race (1854)
Context: The unchanging character of law is the only basis on which continuous action can rest. Without it man would be but as the traveller over endless morasses; the builder on quicksands; the mariner without compass or rudder, driven successively whithersoever changing winds may blow. The universe is the reflex and image of its Creator. "The true work of art," says Michael Angelo, "is but a shadow of the Divine perfections." We may say in a more general manner, that Beauty Itself Is But The Sensible Image Of The Infinite; that all creation is a manifestation of the Almighty; not the result of caprice, but the glorious display of his perfection; and as the universe thus produced, is always in the course of change, so its regulating mind is a living Providence, perpetually exerting itself anew. If his designs could be thwarted, we should lose the great evidence of his unity, as well as the anchor of our own hope.
Harmony is the characteristic of the intellectual system of the universe; and immutable laws of moral existence must pervade all time and all space, all ages and all worlds.

“It is the pervading law of all things organic and inorganic, of all things physical and metaphysical, of all things human and all things superhuman, of all true manifestations of the head, of the heart, of the soul, that the life is recognizable in its expression, that form ever follows function. This is the law.”

Louis Sullivan (1856–1924) American architect

The Tall Office Building Artistically Considered (1896)
Context: Whether it be the sweeping eagle in his flight, or the open apple-blossom, the toiling work-horse, the blithe swan, the branching oak, the winding stream at its base, the drifting clouds, over all the coursing sun, form ever follows function, and this is the law. Where function does not change form does not change. The granite rocks, the ever brooding hills, remain for ages; the lightning lives, comes into shape, and dies in a twinkling.
It is the pervading law of all things organic and inorganic, of all things physical and metaphysical, of all things human and all things superhuman, of all true manifestations of the head, of the heart, of the soul, that the life is recognizable in its expression, that form ever follows function. This is the law.

“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

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

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

“Our constitution, in short, is a judge-made constitution, and it bears on its face all the features, good and bad, of judge-made law.”

A. V. Dicey (1835–1922) British jurist and constitutional theorist

Introduction to the Study of the Law of the Constitution [Eighth Edition, 1915] (LibertyClassics, 1982), p. 116.

“Justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations.”

Theodore Parker (1810–1860) abolitionist

Ten Sermons of Religion (1853), III : Of Justice and the Conscience https://en.wikisource.org/wiki/Ten_Sermons_of_Religion/Of_Justice_and_the_Conscience
Context: Justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations. Accordingly all human affairs must be subject to that as the law paramount; what is right agrees therewith and stands, what is wrong conflicts and falls. Private cohesions of self-love, of friendship, or of patriotism, must all be subordinate to this universal gravitation towards the eternal right.

“There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience”

Robert G. Ingersoll (1833–1899) Union United States Army officer

The trial of Charles B. Reynolds for blasphemy (1887)
Context: There is a constitution higher than any statute. There is a law higher than any constitution. It is the law of the human conscience, and no man who is a man will defile and pollute his conscience at the bidding of any legislature. Above all things, one should maintain his self-respect, and there is but one way to do that, and that is to live in accordance with your highest ideal.

“It is also not entirely unworthy of observation, that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank. Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.”

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

5. U.S. (1 Cranch) 137, 180
Marbury v. Madison (1803)

“"[C]onstitutional silence"... pervades all of constitutional law.”

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