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Founders' Quote Database

James Madison

Federalist No. 44 — 1788
Category: Separation of Powers
What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them...the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.

Thomas Jefferson

letter to Charles Hammond — 1821
Category: Judiciary
It has long, however, been my opinion, and I have never shrunk from its expression...that the germ of dissolution of our federal government is in the constitution of the federal Judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.

Thomas Jefferson

letter to Edward Livingston — 1825
Category: Judiciary
One single object...[will merit] the endless gratitude of the society: that of restraining the judges from usurping legislation.
The Essex Result — 1778
Category: Laws of Nature
We have duties, for the discharge of which we are accountable to our Creator and benefactor, which no human power can cancel. What those duties are, is determinable by right reason, which may be, and is called, a well informed conscience. What this conscience dictates as our duty, is so; and that power which assumes a control over it, is an usurper; for no power can be pleaded to justify the control, as any consent in this case is void.

Fisher Ames

Review of the Pamphlet on the State of the British Constituiton — 1807
Category: The Press
We are, heart and soul, friends to the freedom of the press. It is however, the prostituted companion of liberty, and somehow or other, we know not how, its efficient auxiliary. It follows the substance like its shade; but while a man walks erect, he may observe that his shadow is almost always in the dirt. It corrupts, it deceives, it inflames. It strips virtue of her honors, and lends to faction its wildfire and its poisoned arms, and in the end is its own enemy and the usurper's ally, It would be easy to enlarge on its evils. They are in England, they are here, they are everywhere. It is a precious pest, and a necessary mischief, and there would be no liberty without it.

James Madison

speech to the Virginia Ratifying Convention — 1788
Category: Bureaucracy
There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations.

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“Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellow-citizens. This is a state of things in which it may be said with some truth that laws are made for the FEW, not for the MANY.” —James Madison (1788)

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