Constitutional Validity Quotes

The framers of our Constitution foresaw this state of things and provided for it by declaring the supremacy not only of itself but of the laws made in pursuance of it. The nullity of any act inconsistent with the Constitution is produced by the declaration that the Constitution is supreme law.

Anybody who questions the validity of the Constitution, whether it works in the modern era, should never be president.

Just because a majority of the Supreme Court declares something to be 'constitutional' does not make it so.

No legislative act, therefore, contrary to the Constitution, can be valid.

If there should happen to be an irreconcilable variance between the two [the Constitution and legislation], that which has superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.

Popularity makes no law invulnerable to invalidation. Americans accept judicial supervision of their democracy - judicial review of popular but possibly unconstitutional statutes - because they know that if the Constitution is truly to constitute the nation, it must trump some majority preferences.

This is a fundamental question, Mr. Mayor [ Rudy Giuliani ]. Is the president of the United States legitimate or not? Do you believe it? If you believe it, why doesn't your candidate state it.

The express authority of the people alone could give validity to the Constitution.

I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution.

There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.

The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.

Even if the Constitution of the United States had intended to recognize slavery, as a constitutional state institution, such intended recognition would have failed of effect, and been legally void, because slavery then had no constitutional existence to be recognized.

I hope that your committee will not permit doubt as to constitutionality, however reasonable, to block the suggested legislation

No man can delegate,... any right of arbitrary dominion over a 3rd person; for that would imply a right in the 1st person, not only to make the 3rd person his slave, but also a right to dispose of him as a slave to still other persons. Any contract to do this is necessarily a criminal one...To call such a contract a “constitution” does not at all lessen its criminality, or add to its validity.