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.

The experience of past ages may inform us, that when the circumstances of a people render them distressed, their rulers generally recur to severe, cruel, and oppressive measures. Instead of endeavoring to establish their authority in the affection of their subjects, they think they have no security but in their fear.

If government is in the hands of the few, they will tyrannize the many; if in the hands of the many, they will tyrannize over the few. It ought to be in the hands of both, and be separated...they will need a mutual check. This check is a monarch.

The only distinction between freedom and slavery consists in this: In the former state a man is governed by the laws to which he has given his consent, either in person or by his representative; in the latter, he is governed by the will of another. In the one case, his life and property are his own; in the other, they depend upon the pleasure of his master. It is easy to discern which of these two states is preferable.

Upon this law, depend the natural rights of mankind, the supreme being gave existence to man, together with the means of preserving and beatifying that existence. He endowed him with rational faculties, by the help of which, to discern and pursue such things, as were consistent with his duty and interest, and invested him with an inviolable right to personal liberty, and personal safety.

This position will not be disputed so long as it is admitted that the desire of reward is one of the strongest incentives of human conduct, or that the best security for the fidelity of mankind is to make their interest coincide with their duty. Even the love of fame, the ruling passion of the noblest minds... would on the contrary deter him from the undertaking, when he foresaw that he must quit the scene before he could accomplish the work.

Its objects are CONTRACTS with foreign nations which have the force of law, but derive it from the obligations of good faith.