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For myself, therefore, I desire to declare that the principle that will govern me in the high duty to which my country calls me is a strict adherence to the letter and spirit of the Constitution as it was designed by those who framed it.

 

Martin Van Buren

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The course of events is so rapidly hastening forward that the emergency may soon arise when you may be called upon to decide the momentous question whether you possess the power by force of arms to compel a State to remain in the Union. I should feel myself recreant to my duty were I not to express an opinion on this important subject.
The question fairly stated is, Has the Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or has actually withdrawn from the Confederacy? If answered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress or to any other department of the Federal Government. It is manifest upon an inspection of the Constitution that this is not among the specific and enumerated powers granted to Congress, and it is equally apparent that its exercise is not "necessary and proper for carrying into execution" any one of these powers. So far from this power having been delegated to Congress, it was expressly refused by the Convention which framed the Constitution.

 

James Buchanan

 

We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.

 

John Marshall

 

After the end of the Second World War it was a categorical imperative for us to declare that we renounced war forever in a central article of the new Constitution. The Japanese chose the principle of eternal peace as the basis of morality for our rebirth after the War.
I trust that the principle can best be understood in the West with its long tradition of tolerance for conscientious rejection of military service. In Japan itself there have all along been attempts by some to obliterate the article about renunciation of war from the Constitution and for this purpose they have taken every opportunity to make use of pressures from abroad. But to obliterate from the Constitution the principle of eternal peace will be nothing but an act of betrayal against the peoples of Asia and the victims of the Atom Bombs in Hiroshima and Nagasaki.

 

Kenzaburo Oe

 

[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

 

I confess, Sir, I am at a loss to conceive how any man, who has ever read our Constitution as originally framed, or as it now exists, can listen a moment to such an argument. If anything be clearer than another on its face, it is, that it was intended to constitute a Christian State. I deny totally the gentleman's position, that the religious expressions it contains were intended only to show forth the pious sentiments of those who framed it. They were intended to incorporate into our system the principles of Christianity, — principles which belonged not only to those who framed, but to the whole people who adopted it. Sir, the people of that day were a Christian people; they adopted a Christian Constitution; they no more contemplated the existence of infidelity than the Athenian laws provided against the perpetration of parricide. They established a Christian Commonwealth; they wrote upon its walls, Salvation, and upon its gates, Praise; and Christianity is as clearly now its corner-stone, as if the initial letter of every page of our Statute Book, like that of some monkish manuscript, were illuminated with the figure of the Cross!

 

Robert Charles Winthrop