"The power of the state to impose restraints and burdens upon persons and property in conservation and promotion of the public health, good order, and prosperity is a power originally and always belonging to the states, not surrendered to them by the general government, nor directly restrained by the constitution of the United States, and essentially exclusive." ~ Justice Melville Fuller, Chief Justice of the United States (1888-1910)
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. ... Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass. No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation." ~ Justice John Marshall, Chief Justice of the United States (1801–1835)
"To hold that Congress has general police power would be to hold that it may accomplish objects not intrusted to the general government, and to defeat the operation of the 10th Amendment, declaring that 'the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.' " ~ Justice Melville Fuller, Chief Justice of the United States (1888-1910)
Saturday, March 31, 2012
Considering that the U.S. Supreme Court justices have completed their hearings on Obamacare are in now in the process of writing their decision, I thought these quotes from Chief Justices were especially relevant. And here's a bit a trivia for you: the title is Chief Justice of the United States, not Chief Justice of the Supreme Court.