Unlimited government authority harmful to citizens
Hey savvy news reader! Thanks for choosing local.
You are now reading
1 of 3 free articles.
Editor,
In commemoration of Constitution Day (Sept. 17) I submit the following single paragraph on American constitutional law from commentaries of the esteemed John Randolph Tucker, late law professor at Washington and Lee University. It is a most succinct and wonderful refutation of the notion of unlimited government authority advanced by liberal progressive statists:
“This principle, the supremacy of the Body-politic as constitution-maker and the subordination of the government as the delegated agent of the Body-politic, with no powers but those derived from the Body-politic by virtue of the constitution, is therefore the foundation of American constitutional law. All acts of every department of government within the constitutional bounds of power are valid; all beyond bounds are “irritum et inane” - null and void. Government, therefore, has no inherent authority, but only such as is delegated to it by its sovereign principal. The idea that usurpation or necessity or a supposed extension as the consequence of custom or progress of society can make jural any power not constitutionally conferred is contrary to American political science, fatal to the liberties of the people, and is only a wicked pretext for the violation of sworn obligations. Such an idea would really mean this - that persistent usurpation of power by a government, acting under the prescribed limitations of a written constitution, could amend and change that constitution, by which its terms can only be amended and changed by the Body-politic its self. It would make government a self-creator of its own powers, instead of the creation of the Body-politic with only delegated powers. It would take sovereignty from the people and vest it in their government; and transfer all political authority by flagrant usurpation from the Body-politic to the omnipotent government. Written constitutions would be destroyed, and the self-usurped omnipotence of irresponsible government would be erected upon their ruins.”
Rick Jore
Ronan
