John Marshall Quotes about Judging

What is it that makes us trust our judges? Their independence in office and manner of appointment.

What is it that makes us trust our judges? Their independence in office and manner of appointment.

Judging, Office, Independence

John Marshall (2005). “The Political and Economic Doctrines of John Marshall”, p.267, The Lawbook Exchange, Ltd.

Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.

John Marshall

Exercise, Law, Judging

Osborn v. Bank of the United States, 22 U.S. (9 Wheaton) 738, 866, 1824.

My gift of John Marshall to the people of the United States was the proudest act of my life. There is no act of my life on which I reflect with more pleasure. I have given to my country a judge equal to a Hole, Holt, or a Mansfield.

John Marshall

Country, People, Judging

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.

John Marshall

Strong, Law, Judging

Fletcher v. Peck, 10 U.S. (6 Cranch) 87, 128, 1810.

John Marshall Quotes about Judging

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