Authoritative tradition

“ The people, therefore, possessed certain sovereign rights, but each right was limited by the vast authority of their personal representative, who wielded the whole of the executive, and so much of the legislative power as is implied in the sole right of initiative. ”

“ Have we, I say, that ingenuous and submissive respect for this authority, which not only reason and religion, but true policy, and every man’s proper interest requires? Our boasted Constitution itself, now so accurately defined and generally understood, Does it meet with that awful regard from us, which it justly deserves? Are we anxious, that, of its several parts, each should have its full play, without interfering with any other? ”

“ Colony charters, charters of rights and liberties, public discussion, legislative assemblies, and liberty under law were from the first made the foundation stones upon which self-government in America was built up. ”

“ A true Whig is of Opinion, that the Executive Power has as just a Title to the Allegiance and Obedience of the Subject, according to the Rules of known Laws enacted by the Legislative, as the Subject has to Protection, Liberty and Property: And so on the contrary. ”

“ We hold that the constitution follows the flag and denounce the doctrine that an executive or congress, deriving their existence and their powers from the constitution, can exercise lawful authority beyond it, or in violation of it. ”

“ When I shall have loyally caused to operate all the means which have been left to me, no reproach can be aimed at me, and the nation, whose interest alone ought to serve as rule, will explain itself by the means which the constitution has reserved to it. ”

“ But, thank God, we have no such disputes; we have no monarchs to contend with, or demand admissions from. The proposed government is to be the government of the people: all its officers are to be their officers, and to exercise no rights but such as the people commit to them. ”

“ In our complex system of polity, the public will, as a source of authority, may be the will of the people as composing one nation; or the will of the States in their distinct and independent capacities; or the federal will, as viewed, for example, through the Presidential electors, representing, in a certain proportion, both the nation and the States. ”

“ If these things are not a fiction all these officers and authorities throughout the land in every department of National, State or Territorial government, are as much bound by their obligations and oaths as the people are bound to be subject to all constitutional laws, and the people are not one whit more bound to the observance of the law than these men are bound to the observance of the sacred and solemn covenants which they have entered into. ”

“ There are two great objects which every constitution must attain to be successful, which every old and celebrated one must have wonderfully achieved: every constitution must first gain authority, and then use authority; it must first win the loyalty and confidence of mankind, and then employ that homage in the work of government. ”

“ Every law is a command, not only, but the command of a supreme authority; and it would be a singular contradiction in terms to speak of this supreme power as limited by law. How can the supreme author of law within a state himself be subject to law: how can the creature bind the creator? How can one refrain from smiling at the logical incapacity of those who speak of limitations to sovereignty, or, more absurdly still, of divisions of sovereignty?65 Is there a hierarchy of supremacies: can there be a co-ordination of creators? ”

“ We swear to remain ever faithful to the nation, the law, and the king: to maintain, with all our power, the constitution decreed by the national assembly, and accepted by the king: to protect, according to the law, the surety of persons and property, the circulation of corn and provisions within the realm, the levying of public contributions, under whatever form they may exist ”

“ The advocates of a national government, besides and beyond the intrusting of a particular jurisdiction to that government, wished to make it certain that its legislative power, in each act of legislation, should rest on the direct authority of the people. ”

“ All citizens, without distinction, are eligible for public offices. The natural, civil, and religious liberty of men, and their absolute independence of all authority save that of the law, forbid any inquiries into their opinions, speeches, and writings, as long as they do not disturb order, or interfere with the rights of others. ”

“ The Constitution utters its behests in the name and by authority of the people, and it does not exact from States any plighted public faith to maintain it. On the contrary, it makes its own preservation depend on individual duty and individual obligation. ”

“ And if the people have given up to governors, legislatures, the judiciary and to the officers of the law certain powers, rights and privileges, this authority coming of or from the people, it is expected that they shall act for and in the interests of the people ”

“ The clear-sighted provision in the national constitution, as in the constitutions of the different states, by which the frame of government can be moulded at will by the public voice, and so made to keep pace in progress with the public mind, is the master-stroke in constitutional law. ”

“ Finally, acting always within the authority and limitations of the Constitution, invading neither the rights of the States nor the reserved rights of the people, it will be the purpose of my Administration to maintain the authority of the nation in all places within its jurisdiction; to enforce obedience to all the laws of the Union in the interests of the people ”

“ Another marked feature of the times is the disposition to trust to material agencies or mere acts of legislation for the removal of evils that have their root in men's ideas and in social customs. An amendment to a constitution or a charter is proffered as a plan of political salvation ”

“ Such a body, charged, in every State, with almost all the legislative power of the people, is entitled to the most entire and real respect; is entitled, as among all rationally permissible opinions as to what the constitution allows, to its own choice. ”

“ In every society there are political and civil concerns on one side, and on the other social concerns; for the first, civil authority must be established—in political and civil respects every one has to acknowledge the power of its jurisdiction. ”

“ But how would they be answered if the representative and constituent bodies were both thoroughly instructed in the sacred character and paramount authority and importance of the duties which belong to the high function of sovereignty? We justly deny and deride the divine right of kings; and we assert and maintain the divine right of the people to self government. ”

“ No candid man can dispute that I have given a correct description of the constitution-making power: that power which created and organized the Government, which delegated to it, as a common agent, certain powers, in trust for the common good of all the States, and which imposed strict limitations and checks against abuses and usurpations. ”

“ For it misses the whole point of our constitutional history to assume that 'government,' or any branch of government, somehow has rights and powers of its own apart from those necessarily attending the proper performance of its constitutional functions. ”

“ It has been before observed, that the laws of God, and of the land, are the measures of submission and obedience to the King. Wherefore no one ought, from what has been now said, to infer, that in limited monarchies, where part of the legislative authority is lodged in the body of the people, the subjects are obliged to obey any edicts of the prince not agreeble to the laws enacted by the whole legislature. ”

“ The application of the united force of the nation could be rightfully directed to the requirements of ancient, though unwritten customary law, and it could only be displaced by legislation, in which those concerned took part. ”

“ The patriot, the philosopher, and the statesman, look to this spot, where the legislative authority of the Republic has an uncontrolled operation, for that perfect system of laws, which shall at once develope the wisdom of the government, and display the justice and benevolence of its policy. ”

“ In constitutional monarchies the ruler holds his position by heredity, but there exists also a constitution, which defines the distribution of powers among the branches that compose the government and fixes the limits of authority vested in each. ”

“ The principle of all sovereignty rests in the people. 142No body or individual can possess any authority which does not expressly emanate from the nation.
“The sole end of all government is the public good. That good demands that the legislative, executive, and judicial powers should be distinct and defined, and that their organization should secure the free representation of the citizens, the responsibility of their deputies, and the impartiality of the judges. ”

“ The history of authority is a strictly kindred topic. Legislating and judging on the one hand, and governing on the other, are different aspects of the same general function. In accordance, then, with the order already indicated, law and government as administered by the political society in the person of its representatives, chiefs, elders, war-lords, priest-kings, and so forth, must first be examined; then the jurisdiction and discipline of subordinate bodies, such as the family and the clan, or again the religious societies, trade guilds, and the rest ”

“ The foundation of this Representative Administration is the principle of rights and duties, which is the principle of justice. Its strength is to be found in the plurality of voices, which is the principle of legality. ”

“ Whilst the Constitution for them was a means of regulating and restraining the national will, it was an instrument for accomplishing the popular will for their rivals rising to power on the crest of the wave. ”

“ At last peoples have become conscious of their relations to the highest powers of the State, and have sought to give permanence and certainty to those relations by setting the conditions of their subordination fast in stubborn practices or in the solemn covenants of written documents. A constitution government has always had; but not until this latest age these deliberate formulations of principle and practice which determine the whole organization and action of the State, the domain of authority, the neutral territory85 of liberty, the postulates of obedience. ”

“ They were the fundamental principles for which civil society is organized into government in all countries, and must be respected in their administration under whatever temporary dominant authority they may be exercised. ”

“ Hence, we declare as forever broken and entirely extinct all authority, spiritual or temporal, of the General, provincials, visitors and other superiors of this Society, and we transfer absolutely and without restriction this same authority and this same jurisdiction to the ordinaries of the places where the aforesaid are, according to the case or persons, in the form and under the conditions which we shall explain hereafter; forbidding, as we do by these presents forbid, that any one should be received into this Society or admitted to the novitiate or invested with the habit. ”

“ This their will and the law which they have given us as the rule of our action have no guard, no guaranty of preservation, protection, and defense, but the oaths which it prescribes to the public officers, the sanctity with which they shall religiously observe those oaths, and the patriotism with which the people shall shield it by their own sovereign will, which has made the Constitution supreme. ”

“ Yes, we will have the reward of our labor and of our blood. Let us all attest with confidence,—both the representatives elected by the people who have sworn to transact only the duties of the constitution, as we its dangers; and the hereditary representative, the citizen-king, whom the constitution has firmly established upon the throne; and all the other depositories of authority to whom the constitution has delegated power,—let them all believe that the execution of that authority is a duty which the constitution has laid upon them, as obedience is demanded from those who must submit to them ”

“ In a republic the first rule for the guidance of the citizen is obedience to law. ”

“ It was plain that if the power existed in the State to exact from parties this oath respecting their past conduct, desires, and sympathies, as a condition of their being permitted to continue in their vocations, or to hold certain trusts, it might be used, and, on occasions of excitement to which all communities are subject, would be used, to their oppression and even ruin. ”

“ These superior authorities are of but recent date, and have been created by statute; they therefore constantly look for support to the law which created them, and to the people who create the law. The national will — the will of the whole people — is their very soul. ”

“ That the central government was created chiefly for matters of a general character, which concerned all the States and their people, and not for matters of interior regulation, is shown as much by the history of its formation as by the express language of the Constitution. ”

“ That it may obtain for itself the largest sum of obedience, the government will respect the laws which it imposes on the governed; and, for the same reason, it will take good care that its legislative and administrative measures shall tend really and apparently to promote the general good. ”

“ The ancient commonwealths thought themselves entitled to practise, and the ancient philosophers countenanced, the regulation of every part of private conduct by public authority, on the ground that the State had a deep interest in the whole bodily and mental discipline of every one of its citizens ”

“ That to secure these rights governments are instituted among men, deriving all their just powers from the consent of the governed." Here is the great truth, the vital principle, upon which our Government is founded, and which demonstrates that the right of a voice in the conduct of the government, and the selection of the rulers, is a right and privilege of all citizens. ”