Affirmative Quote by John Marshall
“Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.”
About This Quote
Source Speech: Federalist Papers Commentary, 1803
Judges must only void laws when they clearly contradict the Constitution, not on vague doubts.
In simple terms: Void only clear contradictions.
Key Takeaway
Uphold constitutional clarity.
Themes
law
constitution
judicial restraint
Mood
analytical
serious
Type
legal
philosophical
When to use this quote
- court rulings
- legislative drafting
- policy debates
- academic study
Key Concepts
legal theory
separation of powers
constitutional interpretation
Questions to Reflect On
- When should courts act on ambiguous statutes?
- How to ensure judicial impartiality?
A Different Perspective
Balancing flexibility and strictness is hard.
![“The President is bound to stop at the limits prescribed by our Constitution and law to the authorities in his hands, [and this] would apply in an occasion of peace as well as war.” quote by Thomas Jefferson](https://sms4smile.com/quotes/img-quotes/68b/thomas-jefferson-43_authority_the-president-is-bound-to-stop-at-the-li_1423355.jpg)
![“Every constitution..., and every law, naturally expires at the end of 19 years [a generation]. If it be enforced longer, it is anact of force, and not of right.” quote by Thomas Jefferson](https://sms4smile.com/quotes/img-quotes/efe/thomas-jefferson-43_constitution_every-constitution-and-every-law-natural_235260.jpg)
![“[A]s it must be admitted that the remedy under the Constitution lies where it has been marked out by the Constitution; and that no appeal can be consistently made from that remedy by those who were and still profess to be parties to it, but the appeal to the parties themselves having an authority…” quote by James Madison](https://sms4smile.com/quotes/img-quotes/803/james-madison-373_appeals_a-s-it-must-be-admitted-that-the-remedy_69293.jpg)
