“No matter what coercive powers of enforcement governments may assert, the peoples in country after country in all ages have demonstrated that Man was meant to be free but that this ideal can be realized only under the rule of law. And this must be a rule that places restraints on individuals and on governments alike. This is a delicate, a fragile, balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws.”

— Warren E. Burger

Reported in The Episcopalian: Volume 138 (1973), p. 12.

Adopted from Wikiquote. Last update June 3, 2021. History

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Warren E. Burger 9

Chief Justice of the United States from 1969 to 1986 1907–1995

Alan O. Ebenstein (1959) American political scientist, educator and author

Hayek's Journey: The Mind of Friedrich Hayek (2003)

“Absolute liberty is absence of restraint; responsibility is restraint; therefore the ideally free individual is responsible only to himself.”

Henry Adams (1838–1918) journalist, historian, academic, novelist

Mont Saint Michel and Chartres (1904)
Context: No one ever seriously affirmed the literal freedom of will. Absolute liberty is absence of restraint; responsibility is restraint; therefore the ideally free individual is responsible only to himself. This principle is the philosophical foundation of anarchism, and, for anything that science has yet proved, may be the philosophical foundation of the Universe; but it is fatal to all society and is especially hostile to the State. Perhaps the Church of the thirteenth century might have found a way to use even this principle for a good purpose; certainly the influence of Saint Bernard was sufficiently unsocial and that of Saint Francis was sufficiently unselfish to conciliate even anarchists of the militant class.

“Government must originate in the country. The spirit of government must be that of the country Its structure must conform to rules appropriate to the country. Good government is nothing more than the balance of the country's natural elements.”

José Martí (1853–1895) Poet, writer, Cuban nationalist leader

Our America (1881)

“The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule.”

Samuel Adams (1722–1803) American statesman, Massachusetts governor, and political philosopher

The Rights of the Colonists (1772)

“The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law.”

William J. Brennan (1906–1997) American judge

Dissenting, McCleskey v. Kemp, 481 U.S. 279 (1987).

“If a President can enforce a part of a law and delay a part of a law, then does he have a power to not enforce any law he so chooses? If he can allow illegal aliens to freely run across our border, can he force legal citizens out of the country? Where would be the end of his power? We are a nation of laws with respect and recognition of the rule of law. We are not an imperialist government with a monarch abiding by the rule of one man.”

Marsha Blackburn (1952) American politician

What I Saw During Our Vote To Secure The Border https://www.redstate.com/diary/marshablackburn/2014/08/06/saw-vote-secure-border/ (August 6, 2014)

“It is equally clear that a government must govern, must prescribe and enforce laws within its sphere or cease to be a government. Moreover, the individual must be independent and free within his own sphere or cease to be an individual. The fundamental question was then, is now, and always will be through what adjustments, by what actions, these principles may be applied.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Freedom and its Obligations (1924)

“Any government is free to the people under it (whatever be the frame) where the law rules, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.”

William Penn (1644–1718) English real estate entrepreneur, philosopher, early Quaker and founder of the Province of Pennsylvania

Frame of Government (1682)
Context: I know what is said by the several admirers of monarchy, aristocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on the subject. But I chuse to solve the controversy with this small distinction, and it belongs to all three: Any government is free to the people under it (whatever be the frame) where the law rules, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.

“Our gathering here today is in testimony of supreme obligation to those who have given most to make and preserve the Nation. They established it upon the dual system of State government and Federal Government, each supreme in its own sphere. But they left to the States the main powers and functions of determining the form and course of society. We have demonstrated in the time of war that under the Constitution we possess an indestructible Union. We must not fail to demonstrate in the time of peace that we are likewise determined to possess and maintain indestructible States. This policy can be greatly advanced by individual observance of the law. It can be strongly supplemented by a vigorous enforcement of the law. The war which established Memorial Day had for its main purpose the enforcement of the Constitution. The peace which followed that war rests upon the universal observance of the Constitution. This Union can only be preserved, the States can only be maintained, under a reign of national, local, and moral law, under the Constitution established by Washington, under the peace provided by Lincoln.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, The Reign of Law (1925)

“Every human good we enjoy today is, directly or indirectly, a legacy from what the Founders wrought, and Lincoln preserved. That legacy was formed by what the American Founders called an experiment in free government, at the heart of which is a simple, yet radical idea; that under the laws of nature and of nature's God, all men are created equal. From this idea, and this idea alone, flow all the precepts of free government. If all men are created equal, it is unjust for one man to rule another without his consent. If men possess rights by nature, the purpose of government is to protect our natural liberty. As we know the purpose of government we know also of its limitations, and so we limit the power of government by writing a constitution, and requiring the government as well as citizens to live under the rule of law- laws which must be consented to by the citizens in order to be legitimate.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, Before In History (2004)

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Warren E. Burger 9

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