All communities divide themselves into the few and the many. The first are the rich and well born, the other the mass of the people. The voice of the people has been said to be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the government.

Experience teaches, that men are often so much governed by what they are accustomed to see and practice, that the simplest and most obvious improvements . . . are adopted with hesitation, reluctance, and slow gradations.

Take mankind as they are, and what are they governed by? Their passions.

The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government.

There is a contagion in example which few men have sufficient force of mind to resist.

Remember civil and religious liberty always go together: if the foundation of the one be sapped, the other will fall of course.