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Constitution Quote by Alexander Hamilton

“A constitution is, in fact, and must be regarded by judges, as a 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…” quote by Alexander Hamilton
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“A constitution is, in fact, and must be regarded by judges, as a 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 superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute.”

Alexander Hamilton

About This Quote

Source Speech: Federalist No. 78, 1788

Judges must interpret the constitution as the supreme law, outweighing any conflicting statutes.

In simple terms: Constitution outranks statutes.

Key Takeaway

Prioritize constitutional meaning over legislation.

Themes

law judiciary constitutional hierarchy

Mood

serious analytical

Type

legal philosophical

When to use this quote

  • court decisions
  • legislative drafting
  • policy analysis

Key Concepts

legal interpretation judicial review supremacy clause

Questions to Reflect On

  • How should courts balance constitutional fidelity with evolving societal values?
  • When is legislative intent more compelling than constitutional text?
A Different Perspective

Constitutional supremacy may clash with democratic legislative intent.

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