The President is at liberty, both in law and conscience…
““The President is at liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit; and if Congress be overborne by him, it will be no fault of the makers of the Constitution, – it will be from no lack of constitutional powers on its part, but only because the President has the nation behind him, and the Congress has not.” “The chief instrumentality by which the law of the Constitution has been extended to cover the facts of national development has of course been judicial interpretation, – the decisions of the courts. The process of formal amendment of the Constitution was made so difficult by provisions of the Constitution itself that it has seldom been feasible to use it; and the difficulty of formal amendment has undoubtedly made the courts more liberal, not to say lax, in their interpretation than they would otherwise have been. The whole business of adaptation has been theirs, and they have undertaken it with open minds, sometimes even with boldness and a touch of audacity...” “The old theory of the sovereignty of the States, which used so to engage our passions, has lost its vitality. The war between the States established at least this principle, that the federal government is, through its courts, the final judge of its own powers... We are impatient of state legislatures because they seem to us less representative of the thoughtful opinion of the country than Congress is. We know that our legislatures do not think alike, but we are not sure that our people do not think alike...””
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
The President’s power grows with public support, while Congress’s effectiveness wanes without it; courts fill gaps via liberal interpretation.
In simple terms: Power shifts with popular backing; courts adapt the Constitution.
Recognize how public sentiment shapes authority.
Themes
Mood
Type
When to use this quote
- campaign strategy
- legislative negotiations
- court cases
- public opinion shaping
Key Concepts
Questions to Reflect On
- How does public support limit or expand executive authority?
- What role should courts play in adapting law?
Presidential power still depends on institutional checks and balances.