We, the People are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.
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Lincoln never said this words, but wrote and said some that are very identical to the above quote. As Lincoln's popularity within the Republican Party grew, he was invited to address members of his party throughout the nation. In September 1859 Lincoln gave several speeches to Ohio Republicans. The notes Lincoln used for his 1859 engagements state: "We must not disturb slavery in the states where it exists, because the Constitution, and the peace of the country both forbid us — We must not withhold an efficient fugitive slave law, because the constitution demands it — But we must, by a national policy, prevent the spread of slavery into new territories, or free states, because the constitution does not forbid us, and the general welfare does demand such prevention — We must prevent the revival of the African slave trade, because the constitution does not forbid us, and the general welfare does require the prevention — We must prevent these things being done, by either congresses or courts — The people — the people — are the rightful masters of both Congresses, and courts — not to overthrow the Constitution, but to overthrow the men who pervert it —" Source: Abraham Lincoln, [September 16-17, 1859] (Notes for Speech in Kansas and Ohio) in "Abraham Lincoln Papers at the Library of Congress. Series 1. General Correspondence. 1833-1916." Transcribed and Annotated by the Lincoln Studies Center, Knox College. Galesburg, Illinois.
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Lincoln transformed his prior quoted notes in the following words: "I say that we must not interfere with the institution of slavery in the States where it exists, because the Constitution forbids it, and the general welfare does not require us to do so. We must not withhold an efficient Fugitive Slave law, because the Constitution requires us, as I understand it, not to withhold such a law. But we must prevent the outspreading of the institution, because neither the Constitution nor general welfare requires us to extend it. We must prevent the revival of the African slave trade, and the enacting by Congress of a Territorial slave code. We must prevent each of these things being done by either Congresses or courts. The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution." Source: Speech at Cincinnati, Ohio, September 17, 1859; in "The Papers And Writings Of Abraham Lincoln, Volume Five, Constitutional Edition", edited by Arthur Brooks Lapsley and released as "The Project Gutenberg EBook of The Papers And Writings Of Abraham Lincoln, Volume Five, by Abraham Lincoln" by Project Gutenberg on July 5, 2009.Abraham Lincoln
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I say that we must not interfere with the institution of slavery in the States where it exists, because the Constitution forbids it, and the general welfare does not require us to do so. We must not withhold an efficient Fugitive Slave law, because the Constitution requires us, as I understand it, not to withhold such a law. But we must prevent the outspreading of the institution, because neither the Constitution nor general welfare requires us to extend it. We must prevent the revival of the African slave trade, and the enacting by Congress of a Territorial slave code. We must prevent each of these things being done by either Congresses or courts. The people of these United States are the rightful masters of both Congresses and courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.
Abraham Lincoln
[T]he constitution controls any legislative act repugnant to it. . . . It is emphatically the province and duty of the judicial department to say what the law is. . . . So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty. . . . Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions . . . It would be giving the legislature a practical and real omnipotence . . . The judicial power of the United States is extended to all cases arising under the constitution.
John Marshall
It is also not entirely unworthy of observation, that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank. Thus, 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.
John Marshall
The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Alexander Hamilton
Lincoln, Abraham
Lindbergh, Anne Morrow
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