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Quote by Joseph Story

Work

Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution

This scholarly work delves into the foundational legal document of the United States, offering in-depth commentary and historical perspective on the Constitution's origins and development. more

Author

Joseph Story
Joseph Story

Joseph Story was a distinguished figure in the early history of the United States. He served as an Associate Justice of the Supreme Court of the United States from 1812 to 1845. His contributions to American law and legal thought were significant, and he is remembered for his influential writings on constitutional law and his role in shaping the early decisions of the Supreme Court. more

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“The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation.”

“But the origin of the American Republic is distinguished by peculiar circumstances. Other nations have been driven together by fear and necessity-the governments have generally been the result of a single man's observations; or the offspring of particular interests. In the formation of our constitution, the wisdom of all ages is collected-the legislators of antiquity are consulted-as well as the opinions and interests of the millions who are concerned. In short, it is an empire of reason.”

“In the formation of such a government, it is not only the right, but the indispensable duty of every citizen to examine the principles of it, to compare them with the principles of other governments, with a constant eye to our particular situation and circumstances, and thus endeavor to foresee the future operations of our own system, and its effects upon human happiness. Convinced of this truth, I have no apology to offer for the following remarks, but an earnest desire to be useful to my country.”

“The real object of the First Amendment was not to countenance, much less advance Mohammedanism, or Judaism or infidelity, by prostrating Christianity; but ... to prevent any national ecclesiastical establishment which should give to a hierarchy the exclusive patronage of the national government.”

“Before the formation of this Constitution it had been affirmed as a self evident truth, in the Declaration of Independence, very deliberately made by the Representatives of the United States of America in Congress assembled that 'all men are created equal, and are endowed by their Creator with certain unalienable rights' This declaration of Independence was received and ratified by all the States in the Union & has never been disannuled. May we not from hence conclude, that the doctrine of Liberty and Equality is an article in the political creed of the United States.”

“All the forms of civil polity have been tried by mankind, except one, and that seems to have been reserved in Providence to be realized in America. Most of the states, of all ages ...have been founded in rapacity, usurpation, and injustice; so that in the contests recorded in history ...the military history of all nations being but a description of the wars and invasions of the mutual robbers and devastators of the human race.”

“The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare, and to liberty. But there is a higher law than the constitution, which regulates our authority over the domain, and devotes it to the same noble purposes. The territory is a part, no inconsiderable part, of the common heritage of mankind, bestowed upon them by the Creator of the universe. We are his stewards, and must so discharge our trust as to secure in the highest attainable degree their happiness.”