Acts Quote by John Marshall
“The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.”
About This Quote
Source Speech: Annual Address to the American Bar Association, 1803
Judicial duty is to interpret law, not to alter it; courts must define legal meaning.
In simple terms: Judges clarify law, not change it.
Key Takeaway
Respect the role of the judiciary.
Themes
law
judiciary
constitutional theory
Mood
analytical
serious
Type
legal
philosophical
When to use this quote
- court decisions
- legislative drafting
- legal education
- policy analysis
Key Concepts
judicial review
separation of powers
Questions to Reflect On
- How should courts balance stability and change?
- When is judicial activism justified?
A Different Perspective
Rigid interpretation can ignore societal evolution.
