"The convention which framed the Constitution was indeed elected by the State legislatures. But the instrument, when it came from their hands, was a mere proposal, without obligation or pretensions to it. It was reported to the then existing Congress of the United States with a request that it might "be submitted to a convention of delegates, chosen in each State by the people thereof, under the recommendation of its legislature, for their assent and ratification." This mode of proceeding was adopted, and by the convention, by Congress, and by the State legislatures, the instrument was submitted to the people. They acted upon it in the only manner in which they can act safely, effectively and wisely, on such a subject — by assembling in convention. It is true, they assembled in their several States — and where else should they have assembled? No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass. Of consequence, when they act, they act in their States. But the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the State governments. From these conventions the Constitution derives its whole authority. The government proceeds directly from the people; is "ordained and established" in the name of the people, and is declared to be ordained, "in order to form a more perfect union, establish justice, insure domestic tranquillity, and secure the blessings of liberty to themselves and to their posterity." The assent of the States in their sovereign capacity is implied in calling a convention, and thus submitting that instrument to the people. But the people were at perfect liberty to accept or reject it, and their act was final. It required not the affirmance, and could not be negatived, by the State Governments. The Constitution, when thus adopted, was of complete obligation, and bound the State sovereignties."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Academics from the United StatesEpiscopalians from the United StatesMembers of the United States House of RepresentativesUnited States Secretaries of StateChief Justices of the United States
Original Language: English
Available Languages (1)
Sources
17 U.S. (4 Wheaton) 316, 403-404
https://en.wikiquote.org/wiki/John_Marshall
Revision History
No revisions have been submitted for this quote.
Categories
John Marshall
John Marshall (September 24, 1755 – July 6, 1835) was an American statesman and jurist who greatly influenced American constitutional law. Marshall was the fourth Chief Justice of the United States, serving from February 4, 1801 until his death. He had previously served as a member of the United States House of Representatives and as Secretary of State, to John Adams.
42 quotes on TrueQuotesView all quotes by John Marshall →
Related Quotes
"A constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions ca…"
"The people made the Constitution, and the people can unmake it. It is the creature of their own will, and lives only …"
"We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. …"
"Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which ou…"
"It is the peculiar province of the legislature to prescribe general rules for the government of society; the applicat…"
"Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is …"
"The law does not expect a man to be prepared to defend every act of his life which may be suddenly and without notice…"
"Seldom has a battle, in which greater numbers were not engaged, been so important in its consequences as that of Cowp…"
"As early as 1496 her [England's] monarch granted a commission to the Cabots, to discover countries then unknown to Ch…"
"The acme of judicial distinction means the ability to look a lawyer straight in the eyes for two hours and not hear a…"