The greatness of any nation lies in its fidelity to the constitution and adherence to the rule of law and above all respect to God
Laws are meaningless, child. There is nothing more important than love. And no law higher.
The consciousness of life is higher than life, the knowledge of the laws of happiness is higher than happiness — that is what one must contend against. And I shall. If only everyone wants it, it can be arranged at once.
[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.
This law cannot be contradicted by any other law, and is not liable either to derogation or abrogation. Neither the senate nor the people can give us any dispensation for not obeying this universal law of justice. It needs no other expositor and interpreter than our own conscience.
Both of them mean that Labor has no rights which Capital is bound to respect,—that there is no higher law than human interest and cupidity.
Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever. (Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.)
Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are non-conforming victims of prejudice and public excitement…No higher duty, or more solemn responsibility rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution — of whatever race, creed, or persuasion.
What security have you for your own safety if every man of vile temper, of low instincts, of base purpose, can find in his own heart a higher law than that which is the rule of society, the Constitution, and the Bible? These higher-law preachers should be tarred and feathered, and whipped by those they have thus instigated. This, my friends, is what was called in good old revolutionary times, Lynch Law. It is sometimes the very best law, because it deals summary justice upon those who would otherwise escape from all other kinds of punishment.
The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare and to liberty.
But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.