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Quote by Joseph Story

“Without justice being freely, fully, and impartially administered, neither our persons, nor our rights, nor our property, can be protected. And if these, or either of them, are regulated by no certain laws, and are subject to no certain principles, and are held by no certain tenure, and are redressed, when violated, by no certain remedies, society fails of all its value; and men may as well return to a state of savage and barbarous independence.”

Book: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

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 book provides an in-depth examination of the United States Constitution, offering a detailed analysis of its origins and the historical background of the colonies and states that led to its creation. It is a comprehensive scholarly work that delves into the constitutional history of the United States. more

Author

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

“Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.”

Different Government Political Rights Dangerous Capacity Function Constitution Perceive Department Annoying Judiciary Political Rights

Book:The Federalist on the New Constitution, Written in the Year 1788, with an Appendix Containing the Letters of Pacificus and Helvidius on the Proclamation of Neutrality of 1793

Source: The Federalist on the New Constitution, Written in the Year 1788, with an Appendix Containing the Letters of Pacificus and Helvidius on the Proclamation of Neutrality of 1793

“. . . [The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.”

May Said Force Arms Depends Judgment Aids Branches Executives Judicial Judiciary Efficacy Judicial Branch

Author:Alexander Hamilton

“The reasonableness of the agency of the national courts in cases in which the state tribunals cannot be supposed to be impartial, speaks for itself. No man ought certainly to be a judge in his own cause, or in any cause in respect to which he has the least interest or bias.”

Men States Speak Causes Interest Cases Judging Ought Court Supposed To Be Agency Bias Judiciary Tribunals Reasonableness

Book:The Federalist

Source: The Federalist

“But might not his [the president's] nomination be overruled? I grant it might, yet this could only be to make place for another nomination by himself. The person ultimately appointed must be object of his preference, though perhaps not in the first degree. It is also not very probable that his nomination would often be overruled.”

Firsts Persons Might President Objects Degrees Grants Preference Often Is Nominations Judiciary

Book:The Fœderalist: A Collection of Essays, Written in Favor of the New Constitution, as Agreed Upon by the Fœderal Convention, September 17, 1787. Reprinted from the Original Text. With an Historical Introduction and Notes

Source: The Fœderalist: A Collection of Essays, Written in Favor of the New Constitution, as Agreed Upon by the Fœderal Convention, September 17, 1787. Reprinted from the Original Text. With an Historical Introduction and Notes

“If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.”