The Encyclopedia of Supreme Court Quotations

Christopher A. Anzalone

• Publisher: Routledge
• Year: 2019
• ISBN:
  9781315501277
• Edition: 1
• Topic: History
• Subtopic: Social History
• Index: History

A veritable feast of 1, 500 quotes from more than 1, 000 Supreme Court decisions, this is the first such reference devoted solely to the Supreme Court. Dating from the beginning of the Republic to the present, these excerpts provide a powerful historical overview of the mission and majesty of the Supreme Court. They are topically arranged and cover the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.

Each entry features the quote -- especially chosen for its profound, compelling, and inspirational nature; the name of the case, primary citation, year, and author; and the kind of decision (dissenting, concurring, or opinion of the Court).

1. The Givers of Law

As the Constitution begins, so too does this volume. Article I is the detailing of legislative powers; Chapter 1 is the constitutional justifications of the legislative branch. The structures, functions, and responsibilities of Congress are the particular focus of this chapter.

Justice Samuel Chase

Turner v. Bank of North America,

4 U.S. 8, 10 (1799)

The notion has frequently been entertained, that the federal courts derive their judicial power immediately from the constitution; but the political truth is, that the disposal of the judicial power, (except in a few specified instances) belongs to congress. If congress has given the power to this Court, we posess [sic] it, not otherwise: and if congress has not given the power to us, or to any other Court, it still remains at the legislative disposal. Besides, congress is not bound and it would, perhaps, be inexpedient, to enlarge the jurisdiction of federal Courts, to every subject, in every form, which the constitution might warrant.

Keywords: Congress, Federal courts, Judicial authority, Judiciary, Jurisdiction, Legislative authority, Political truth

Chief Justice John Marshall

United States v. Fisher

6 U.S. 358, 390 (1805)

Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.

Keywords: Court of justice, Fundamental principles, Legislative intent, Rights

Chief Justice John Marshall

United States v. Peters,

9 U.S. 115, 136 (1809)

If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery; and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals. So fatal a result must be deprecated by all; and the people of Pennsylvania, not less than the citizens of every other state, must feel a deep interest in resisting principles so destructive of the union, and in averting consequences so fatal to themselves.

Keywords: Citizens, Constitution, Judiciary, Legislative review, Legislatures, Rights, States, Union

Justice William Johnson

United States v. Hudson,

11 U.S. 32, 34 (1812)

The legislative authority of the union must make an act a crime, affix a punishment to it, and declare the court that shall have jurisdiction of the offence.

Keywords: Crime, Judicial authority, Jurisdiction, Legislation, Legislative authority, Punishment

Chief Justice John Marshall

McCulloch v. Maryland,

7 U.S. 316, 421 (1819)

. . . we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional...

Keywords: Constitutional construction, Constitutional spirit, Legislative authority, Legislature, Necessary and Proper Clause

Justice Bushrod Washington

Houston v. Moore,

18 U.S. 1, 23 (1820)

If, in a specified case, the people have thought proper to bestow certain powers on Congress as the safest depositary of them, and Congress has legislated within the scope of them, the people have reason to complain that the same powers should be exercised at the same time by the State legislatures. To subject them to the operation of two laws upon the same subject, dictated by distinct wills, particularly in a case inflicting pains and penalties, is, to my apprehension, something very much like oppression, if not worse. In short, I am altogether incapable of comprehending how two distinct wills can, at the same time, be exercised in relation to the same subject, to be effectual, and at the same time compatible with each other. If they correspond in every respect, then the latter is idle and inoperative; if they differ, they must, in the nature of things, oppose each other, so far as they do differ. If the one imposes a certain punishment for a certain offence, the presumption is, that this was deemed sufficient, and, under all circumstances, the only proper one. If the other legislature impose a different punishment, in kind or degree, I am at a loss to conceive how they can both consist harmoniously together.

Keywords: Congress, Congressional authority, Legislation, Oppression, People, Power, Punishment, States

Justice Bushrod Washington

Ogden v. Saunders,

25 U.S. 213, 270 (1827)

It is but a decent respect due to the wisdom, integrity, and patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the Constitution is proved beyond a reasonable doubt.

Keywords: Integrity, Judicial review, Legislature, Patriotism, Wisdom

Justice Samuel Nelson,

Dred Scot v. Sandford,

60 U.S. 393, 464 (1856)

It must be admitted that Congress possesses no power to regulate or abolish slavery within the States; and that, if this act had attempted any such legislation, it would have been a nullity.

Keywords: Congress, Congressional authority, Federalism, Judicial review, Slavery, States

Justice John Catron, concurring

Dred Scott v. Sandford,

60 U.S. 393, 427 (1856)

Congress cannot do indirectly what the Constitution prohibits directly.

Keywords: Congress, Congressional authority, Constitution

Justice Stephen Field

Ex parte Garland,

71 U.S. 333, 381 (1866)

It is not within the constitutional power of Congress thus to inflict punishment beyond the reach of executive clemency.

Keywords: Congressional authority, Executive clemency, Oaths, Pardons, Punishment

Justice Noah Swayne

Smythe v. Fiske,

90 U.S. 374, 380 (1874)

A thing may be within the letter of a statute and not within its meaning, and within its meaning though not within its letter. The intention of the lawmaker is the law.

Keywords: Legislative intent, Statutory interpretation

Chief Justice Morrison Waite

Munn v. Illinois,

94 U.S. 113, 134 (1876)

For protection against abuses by legislatures the people must resort to the polls, not to the courts.

Keywords: Courts, Legislative abuse, Legislatures, People, Political recourse, Polls

Chief Justice Morrison Waite

Reynolds v. United States,

98 U.S. 145, 164 (1878)

Congress was deprived of all legislative power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order.

Keywords: Congress, Legislative power, Opinion, Public order, Social duties, Subversive

Justice Joseph Bradley

Civil Rights Cases,

109 U.S. 3, 11(1883)

To adopt appropriate legislation for correcting the effects of such prohibited State laws and State acts, and thus to render them effectually null, void, and innocuous. This is the legislative power conferred upon Congress [by the Fourteenth Amendment], and this is the whole of it. It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation, or State action, of the kind referred to. It does not authorize Congress to create a code of municipal law for the regulation of private rights; but to provide modes of redress against the operation of State laws, and the action of State officers executive or judicial, when these are subversive of...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Dedication
• Table of Contents
• Preface
• Acknowledgements
• 1. The Givers of Law
• 2. The Enforcers
• 3. The Least Dangerous Branch
• 4. The Sacred Parchment
• 5. Expectations and Deliverance
• 6. The Good of the Fifty
• 7. Due Process and Equal Protection
• 8. Opinions, Dissents, and Recorders
• 9. In the beginning
• 10. Liberty, Freedom, Happiness
• 11. The Arrest... The Trial ...The punishment
• 12. The Global Community
• 13. Everything Else
• Appendices