The framers of our Constitution thought it was of critical, critical importance, in establishing three branches of government, that we have an independent judiciary. Therefore was that without that, the provisions of the constitution couldn’t be enforced
If a decree of emancipation could abolish Slavery, John Brown would have done the work effectually. Such a decree surely could not be more binding upon the South than the Constitution, and that cannot be enforced in that part of the country now. Would a proclamation of freedom be any more effective?
I therefore consider that in view of the Constitution and the laws, the Union is unbroken; and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.
My belief has always been... that wherever in this land any individual's constitutional rights are being unjustly denied, it is the obligation of the federal government-at point of bayonet if necessary-to restore that individual's constitutional rights
I tend to agree with those who say that a justice's duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks is clearly in conflict with it.
The real difference between the United States and other nations lies not in the words of the preamble to the Constitution, but in the fact that the substantive clauses of that Constitution are enforced by individuals independent of and not beholden to the elected branches.
Your purpose, then, plainly stated, is, that you will destroy the Government, unless you be allowed to construe and enforce the Constitution as you please, on all points in dispute between you and us.
If I have to, I will use one challenge after another to dismantle governmental operations that I consider violations of the Constitution.
