The question which we must raise in one of these actions, is, 'whether, by the general principles of our governments, the State Legislatures be not restrained from divesting vested rights?' This, of course, independent of the…
Albert Beveridge
The Public Record
Albert Jeremiah Beveridge was an American historian and United States senator from Indiana. He was an intellectual leader of the Progressive Era and a biographer of Chief Justice John Marshall and President Abraham Lincoln.
The validity of a legislative act is to be examined; and the opinion of the highest law tribunal of a state is to be revised: an opinion which carries with it intrinsic evidence of the diligence, of the ability, and the integrity, with…
On more than one occasion this court has expressed the cautious circumspection with which it approaches the consideration of such questions; and has declared that, in no doubtful case would it pronounce a legislative act to be contrary to…
The objects for which a corporation is created are universally such as the government wishes to promote." Why should a private charity, incorporated for the purpose of education, be excluded from the rules that apply to other corporations?
The character of civil institutions does not grow out of their incorporation, but out of the manner in which they are formed, and the objects for which they are created.
The right to change them is not founded on their being incorporated, but on their being the instruments of government, created for its purposes.
The same institutions, created for the same objects, though not incorporated, would be public institutions, and, of course, be controllable by the legislature.
Five judges, only six attending, concur not only in a decision in our favor, but in placing it upon principles broad and deep, and which secure corporations of this description from legislative despotism and party violence for the…
It is undeniable and undenied that America could not have been developed so rapidly and solidly without the power which the law as announced by Marshall gave to industrial organization.
Yet these reservations did not, as a practical matter, nullify or overthrow Marshall's philosophy of the sacredness of contracts.
If it be said that their representatives may betray the people, the plain answer is that the people must learn to elect honest agents.
But the theory of the Chief Justice has shown amazing vitality.
They saved me great labor; but that was not the best part of their service; they put me in the right path....
As one of the public, I thank you for establishing a doctrine affecting so many valuable rights and interests, with such clearness and cogency of argument, and weight of authority as must in all probability prevent its ever being again…
The government of the Union is emphatically and truly a government of the people.
The immediate question was whether the Maryland law was Constitutional; but the basic issue was the supremacy of the National Government as against the dominance of State Governments.
I never, in my whole life, heard a greater speech; it was worth a journey from Salem to hear it; his elocution was excessively vehement, but his eloquence was overwhelming.
He spoke like a great statesman and patriot, and a sound constitutional lawyer.
The opening words of Marshall are majestic: "A sovereign state denies the obligation of a law ... of the Union....
The Government of the American Nation is, then, "emphatically, and truly, a government of the people.
A government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution.
The good sense of the public has pronounced, without hesitation, that the power of punishment appertains to sovereignty, and may be exercised whenever the sovereign has a right to act, as incidental to his constitutional powers.
Its terms purport to enlarge, not to diminish the powers vested in the government....
The National Government does not depend on State Governments "for the execution of the great powers assigned to it.
This great principle is that the constitution and the laws made in pursuance thereof are supreme; that they control the constitution and laws of the respective states, and cannot be controlled by them.





