...beginning that courts will be alert to adjust their remedies so as to grant the necessary relief."5 "The very essence of civil liberty certainly consists...individual to claim the protection of the laws whenever he receives an injury."8 Having concluded that Bivens' complaint stated a cause of action, the 1. Bivens...

...protecting these basic rights was recognized by Chief Justice Marshall in Marbury v. Madison in 1803: The very essence of civil liberty certainly consists...of every individual to claim the protection of the law whenever he receives an injury. The civil justice system and the right to sue for personal injuries...

...against governmental abuses in the constitutional system of checks and balances, Marshall declared that the "very essence of civil liberty certainly consists...individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection." 1v Accordingly,...

...so as to grant the necessary relief."); see also Marburv v. Madison. 5 US (1 Cranch) 137, 163 (1803) ("the very essence of civil liberty certainly consists...individual to claim the protection of the laws, whenever he receives an injury"). of Judge Bork's philosophy as applied to civil liberties which are crucial to...

...163 (1803), a case itself involving review of executive action, Chief Justice Marshall insisted that "[t]he very essence of civil liberty certainly consists...every individual to claim the protection of the laws." Later, in the lesser known but nonetheless important case of United States v. Nourse, 9 Pet. 8, 28-29...

...private violence, it must protect blacks as well.41 Chief Justice Marshall put the point more broadly: "The very essence of civil liberty certainly consists...individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection."42 Though Marshall...

...consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection."42 Though Marshall did not invoke the Constitution in this passage, it would not be a huge...

...value."212 The alternative is a complete absence of any legal remedy and continued constitutional violation. "The very essence of civil liberty certainly consists in the right of any individual to claim the protection of the laws, whenever he receives an injury," Chief Justice...

...expressed his understanding of this contractual responsibility, "The very essence of civil liberty . . . consists in the right of every individual to claim the protection of the laws, whenever he [or she] receives an injury" (163). It should be mentioned in haste, though, that throughout the history...

...very essence of civil liberty," says Chief Justice Marshall, who delivered the opinion of the Court, " certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of Government is to afford that protection. In Great Britain...