“The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of judgement; the consequences would be the substitution of their pleasure for that of the legislative body.”
“A share in the sovereignty of the state, which is exercised by the citizens at large, in voting at elections is one of the most important rights of the subject, and in a republic ought to stand foremost in the estimation of the law...That portion of the sovereignty, to which each individual is entitled, can never be too highly prized. It is that for which we have fought and bled.”
“When human laws contradict or discountenance the means, which are necessary to preserve the essential rights of any society, they defeat the proper end of all laws, and so become null and void.”
Source: The Works of Alexander Hamilton: Miscellanies, 1774-1789: A full vindication; The farmer refuted; Quebec bill; Resolutions in Congress; Letters from Phocion; New-York Legislature, etc
“The law... 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.”
Source: The Works of Alexander Hamilton: Miscellanies, 1774-1789: A full vindication; The farmer refuted; Quebec bill; Resolutions in Congress; Letters from Phocion; New-York Legislature, etc
“The laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding.”
Source: Selected writings and speeches of Alexander Hamilton
“The states have authority to interpret the Constitution, enforce it, and protect the people from violations of it by the federal government In the first place, there is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.”
“In a government framed for durable liberty, not less regard must be paid to giving the magistrate a proper degree of authority, to make and execute the laws with rigour, than to guarding against encroachments upon the rights of the community. As too much power leads to despotism, too little leads to anarchy, and both eventually to the ruin of the people.”
Source: 1779-1781
“If it be asked what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer, the genius of the whole system, the nature of just and constitutional laws, and above all the vigilant and manly spirit which actuates the people of America, a spirit which nourishes freedom, and in return is nourished by it. 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 anything but liberty.”
Source: The Federalist, on the New Constitution, Written in the Year 1788
“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be tomorrow.”
Source: The Essential Federalist: A New Reading of the Federalist Papers
“I would die to preserve the law upon a solid foundation; but take away liberty, and the foundation is destroyed.”
Source: The Works of Alexander Hamilton: Miscellanies, 1774-1789: A full vindication; The farmer refuted; Quebec bill; Resolutions in Congress; Letters from Phocion; New-York Legislature, etc
“Government is frequently and aptly classed under two descriptions-a government of force, and a government of laws; the first is the definition of despotism-the last, of liberty.”
Source: The works of Alexander Hamilton: comprising his correspondence, and his political and official writings, exclusive of the Federalist, civil and military. Published from the original manuscripts deposited in the Department of State, by order of the Joint Library Committee of Congress
“The only distinction between freedom and slavery consists in this: In the former state a man is governed by the laws to which he has given his consent, either in person or by his representative; in the latter, he is governed by the will of another. In the one case, his life and property are his own; in the other, they depend upon the pleasure of his master. It is easy to discern which of these two states is preferable.”
Source: The Official and Other Papers ...
“Energy in the executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy.”
Source: The Essential Federalist: A New Reading of the Federalist Papers
“Were it not that it might require too long a discussion, it would not be difficult to demonstrate that a large and well-organized republic can scarcely lose its liberty from any other cause than that of anarchy, to which a contempt of the laws is the high-road.”
Source: The works of Alexander Hamilton: comprising his correspondence, and his political and official writings, exclusive of the Federalist, civil and military. Published from the original manuscripts deposited in the Department of State, by order of the Joint Library Committee of Congress
“Give me the steady, uniform, unshaken security of constitutional freedom. Give me the right to be tried by a jury of my own neighbors, and to be taxed by my own representatives only. What will become of the law and courts of justice without this? The shadow may remain, but the substance will be gone. I would die to preserve the law upon a solid foundation; but take away liberty, and the foundation is destroyed.”
“The laws of certain states . . . give an ownership in the service of Negroes as personal property . . . . But being men, by the laws of God and nature, they were capable of acquiring liberty - and when the captor in war . . . thought fit to give them liberty, the gift was not only valid, but irrevocable.”
“Laws are a dead letter without courts to expound and define their true meaning and operation.”
“...that standing army can never be formidable (threatening) to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in the use of arms.”
“The propriety of a law, in a constitutional light, must always be determined by the nature of the powers upon which it is founded.”
Source: The Federalist, on the New Constitution, Written in the Year 1788
“A LAW, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe. This results from every political association.”
Source: The Essential Federalist: A New Reading of the Federalist Papers
“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.”
Source: Selected writings and speeches of Alexander Hamilton
“The genius of the people will ill brook the inquisitive and peremptory spirit of excise laws.”
“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!”
Source: The works of Alexander Hamilton: comprising his correspondence, and his political and official writings, exclusive of the Federalist, civil and military. Published from the original manuscripts deposited in the Department of State, by order of the Joint Library Committee of Congress
“The treaties of the United States, to have any force at all, must be considered as part of the law of the land.”
Source: The Federalist, on the new constitution, written in 1788, with an appendix, containing the letters of Pacificus and Helvidius on the proclamation of neutrality of 1793, also the original articles of confederation and the constitution of the United States
“Its objects are CONTRACTS with foreign nations which have the force of law, but derive it from the obligations of good faith.”
Source: The federalist papers
“[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.”
Source: The Essential Federalist: A New Reading of the Federalist Papers
“[T]here is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution.”
Source: The federalist papers
“The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.”
Source: The Essential Federalist: A New Reading of the Federalist Papers
“Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience.”
“Wise politicians will be cautious about fettering the government with restrictions that cannot be observed, because they know that every break of the fundamental laws, though dictated by necessity, impairs that sacred reverence which ought to be maintained in the breast of rulers towards the constitution of a country.”
“Law is defined to be a rule of action; but how can that be a rule, which is little known and less fixed?”
Source: The Essential Federalist: A New Reading of the Federalist Papers
“It may be said that the power of preventing bad laws includes that of preventing good ones; and may be used to the one purpose as well as to the other. But this objection will have little weight with those who can properly estimate the mischiefs of that inconstancy and mutability in the laws, which form the greatest blemish in the character and genius of our governments.”
Source: The Federalist Papers: Alexander Hamilton, James Madison, John Jay
“The idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government) has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction.”
Source: The Federalist Papers: A Collection of Essays Written in Favour of the New Constitution
“It is one thing to be subordinate to the laws, and another [for the Executive] to be dependent on the legislative body. The first comports with, the last violates, the fundamental principles of good government; and, whatever may be the forms of the Constitution, unites all power in the same hands.”
Source: The Federalist on the New Constitution
“The injury which may possibly be done by defeating a few good laws, will be amply compensated by the advantage of preventing a number of bad ones.”
Source: The Works of Alexander Hamilton: Comprising His Most Important Official Reports: An Improved Edition of the Federalist, on the New Constitution, Written in 1788; and Pacificus, on the Proclamation of Neutrality, Written in 1793 ...
“A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.”
Source: The works of Alexander Hamilton: comprising his correspondence, and his political and official writings, exclusive of the Federalist, civil and military. Published from the original manuscripts deposited in the Department of State, by order of the Joint Library Committee of Congress
“Upon this law, depend the natural rights of mankind, the supreme being gave existence to man, together with the means of preserving and beatifying that existence. He endowed him with rational faculties, by the help of which, to discern and pursue such things, as were consistent with his duty and interest, and invested him with an inviolable right to personal liberty, and personal safety.”
Source: The Official and Other Papers of the Late Major-General Alexander Hamilton: Comp. Chiefly from the Originals in the Possession of Mrs. Hamilton ...
“As you sometimes swear by him that made you, I conclude your sentiments do not correspond with his, in that which is the basis of the doctrine you both agree in: and this makes it impossible to imagine whence this congruity between you arises. "To grant that there is a supreme intelligence who rules the world and has established laws to regulate the actions of his creatures; and still to assert that man, in a state of nature, may be considered as perfectly free from all restraints of law and government, appears to a common understanding altogether irreconcilable.”
Source: The Works of Alexander Hamilton: Miscellanies, 1774-1789: A full vindication; The farmer refuted; Quebec bill; Resolutions in Congress; Letters from Phocion; New-York Legislature, etc
“Good and wise men, in all ages, have embraced a very dissimilar theory. They have supposed that the deity, from the relations we stand in to himself and to each other, has constituted an eternal and immutable law, which is indispensably obligatory upon all mankind, prior to any human institution whatever. This is what is called the law of nature....Upon this law depend the natural rights of mankind.”
Source: The Works of Alexander Hamilton: Miscellanies, 1774-1789: A full vindication; The farmer refuted; Quebec bill; Resolutions in Congress; Letters from Phocion; New-York Legislature, etc
“Man is either governed by his own laws - freedom - or the laws of another - slavery. Are you willing to become slaves? Will you give up your freedom, your life and your property without a single struggle? No man has a right to rule over his fellow creatures.”
“The President of the United States would be liable to be impeached, tried, and upon conviction of treason, bribery, or other high crimes and misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law. The person of the King of Great Britain is sacred and inviolable: There is no constitutional tribunal to which he is amenable, no punishment to which he can be subjected without involving the crisis of a national revolution.”
Source: The federalist papers
“What is the most sacred duty and the greatest source of our security in a Republic? An inviolable respect for the Constitution and Laws.”
