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“The Constitution is not merely a legal document but a moral covenant between the state and its people. Its true strength lies not in text alone, but in faithful implementation. When constitutional values guide governance, justice ceases to be selective.”

Last update Sept. 26, 2026. History

John Rohr (1934–2011) American political scientist

Source: To run a constitution, 1986, p. x.

“Value has its own logic. In the constitutional state that is most clearly recognizable in the enactment of its constitution.”

Carl Schmitt (1888–1985) German jurist, political theorist and professor of law

"The Tyranny of Values" (1967)

“This was an age-old conflict. At its foundation lies the question of how can the Government govern and the people be free? How can organized society make and enforce laws and the individual remain independent? There is no short sighted answer to these inquiries. Whatever may have been the ambiguity in the Federal Constitution, of course the Union had to be supreme within its sphere or cease to be a Union. It was also certain and obvious that each State had to be sovereign within its sphere or cease to be a State.”

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

1920s, Freedom and its Obligations (1924)

“[Legitimate Constitution]… I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense! And that the language of our Constitution is already undergoing interpretations unknown to its founders, will I believe appear to all unbiased Enquirers into the history of its origin and adoption.”

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

Letter to Henry Lee http://books.google.com/books?id=B0waAAAAYAAJ&pg=PA191&dq=%22In+that+sense+alone+it+is+the+legitimate+Constitution%22 (25 June 1824) <br class="br">1820s

“Therefore our Constitution will always be the measure of our national morality; and if we were all sorry, it would still be true. I am not sorry, for it founds the government in the character of the people, and hence everything in the future depends upon the popular faith in the original principles of the government. If the people of this country do believe with the fathers that there are self-evident, original, and indefeasible human rights, then slavery will surely, quietly, and legally be terminated, under the Constitution of the United States. If they do not believe that there are such rights, then slavery will, just as surely, quietly, and legally, be established under the Constitution, which, as the paramount law of the land, will legalize it in New York as well as in Alabama, leaving the policy of adopting it to be decided by individual judgment.”

George William Curtis (1824–1892) American writer

1850s, The Present Aspect of the Slavery Question (1859)

“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."

“The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals.”

Sandra Day O'Connor (1930) Former Associate Justice of the Supreme Court of the United States

Striking down the "Take-Title" provision of the Low-Level Radioactive Waste Policy Amendments Act in New York v. United States, 505 U.S. 144 (1992).

“No trace is to be found in the Constitution of an intention to create a dependence of the Government of the Union on those of the States, for the execution of the great powers assigned to it. Its means are adequate to its ends, and on those means alone was it expected to rely for the accomplishment of its ends. To impose on it the necessity of resorting to means which it cannot control, which another Government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other Governments which might disappoint its most important designs, and is incompatible with the language of the Constitution.”

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

17 U.S. (4 Wheaton) 316, 424
McCulloch v. Maryland (1819)
Context: [.. ] it can scarcely be necessary to say that the existence of State banks can have no possible influence on the question. No trace is to be found in the Constitution of an intention to create a dependence of the Government of the Union on those of the States, for the execution of the great powers assigned to it. Its means are adequate to its ends, and on those means alone was it expected to rely for the accomplishment of its ends. To impose on it the necessity of resorting to means which it cannot control, which another Government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other Governments which might disappoint its most important designs, and is incompatible with the language of the Constitution. But were it otherwise, the choice of means implies a right to choose a national bank in preference to State banks, and Congress alone can make the election. After the most deliberate consideration, it is the unanimous and decided opinion of this Court that the act to incorporate the Bank of the United States is a law made in pursuance of the Constitution, and is a part of the supreme law of the land.

“The Constitution contains no right to abortion. It is not to be found in the longstanding traditions of our society, nor can it be logically deduced from the text of the Constitution - not, that is, without volunteering a judicial answer to the nonjusticiable question of when human life begins. Leaving this matter to the political process is not only legally correct, it is pragmatically so. That alone - and not lawyerly dissection of federal judicial precedents - can produce compromises satisfying a sufficient mass of the electorate that this deeply felt issue will cease distorting the remainder of our democratic process. The Court should end its disruptive intrusion into this field as soon as possible.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

Ohio v. Akron Center for Reproductive Health, (1990, concurring), 497 U.S. 502 http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=oyez&navby=case&court=us&vol=497&invol=502#520 ; decided June 25,1990). <br class="br">1990s

“The moral value of duty lies in its recognition by society.”

Zafar Mirzo (1972)

“The Constitution is not merely a legal document but a moral covenant between the state and its people. Its true strength lies not in text alone, but in faithful implementation. When constitutional values guide governance, justice ceases to be selective.”

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