Quotes on Law

...it would be a mistake...to ascribe to Roman legal conceptions an undivided sway over the development of law and institutions during the Middle Ages... The Laws of Moses as well as the laws of Rome contributed suggestions and impulse to the men and institutions which were to prepare the modern world; and if we could have but eyes to see... we should readily discover how very much besides religion we owe to the Jew.

Marriage is treated by all civilized societies as a peculiar and favored contract. It is in its origin a contract of natural law . . . . It is the parent, and not the child of society; the source of civility and a sort of seminary of the republic.

Good laws make it easier to do right and harder to do wrong.

[R]efusing or not refusing to execute a law to stamp it with its final character . . . makes the Judiciary department paramount in fact to the Legislature, which was never intended and can never be proper.

[T]he true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law.

[T]he Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution. But this doctrine is not deducible from any circumstance peculiar to the plan of convention, but from the general theory of a limited Constitution.

The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.

A government of laws, and not of men.

Power always thinks... that it is doing God's service when it is violating all his laws.

But remember please, the Law by which we live, we are not built to comprehend a lie, we can neither love nor pity nor forgive. If you make a slip in handling us you die.

Natural rights [are] the objects for the protection of which society is formed and municipal laws established.

If this spirit shall ever be so far debased, as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.

The establishment of our new Government seemed to be the last great experiment for promoting human happiness by reasonable compact in civil society. It was to be, in the first instance, in a considerable degree a government of accommodation as well as a government of Laws. Much was to be done by prudence, much by conciliation, much by firmness.

The instrument by which it [government] must act are either the AUTHORITY of the laws or FORCE. If the first be destroyed, the last must be substituted; and where this becomes the ordinary instrument of government there is an end to liberty!

Every new regulation concerning commerce or revenue; or in any manner affecting the value of the different species of property, presents a new harvest to those who watch the change and can trace its consequences; a harvest reared not by themselves but by the toils and cares of the great body of their fellow citizens. This is a state of things in which it may be said with some truth that laws are made for the few not for the many.

THIS law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original.

Upon these two foundations, the law of nature and the law of revelation, depend all human laws.

The public affairs of the union are spread throughout a very extensive region, and are extremely diversified by the local affairs connected with them, and can with difficulty be learnt in any other place, than in the central councils, to which a knowledge of them will be brought by the representatives of every part of the empire. Yet some knowledge of the affairs, and even of the laws of all the states, ought to be possessed by the members from each of the states.

If it were to be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws - the first growing out of the last . . . . A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.

[A]s it must be admitted that the remedy under the Constitution lies where it has been marked out by the Constitution; and that no appeal can be consistently made from that remedy by those who were and still profess to be parties to it, but the appeal to the parties themselves having an authority above the Constitution or to the law of nature & of nature's God.

Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law.