“From the nature of things, every society must at all times possess within itself the sovereign powers of legislation. The feelings of human nature revolt against the supposition of a state so situated as that it may not in any emergency provide against dangers which perhaps threaten immediate ruin. While those bodies are in existence to whom the people have delegated the powers of legislation, they alone possess and may exercise those powers; but when they are dissolved by the lopping off one or more of their branches, the power reverts to the people, who may exercise it to unlimited extent, either assembling together in person, sending deputies, or in any other way they may think proper.”

— Thomas Jefferson

1770s, A Summary View of the Rights of British America (1774)

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Thomas Jefferson 456

3rd President of the United States of America 1743–1826

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“As Locke sees, equality in authority entails denying to the legal system's administrators—and thus to the legal system itself—any powers beyond those possessed by private citizens:The law of nature is in that state put into every man's hands, whereby every one has a right to punish the transgressors of that law to such a degree as may hinder its violation…. For in that state of perfect equality, where naturally there is no superiority or jurisdiction of one over another, what any may do in prosecution of that law, every one must needs have a right to do.Lockean equality involves not merely equality before legislators, judges, and police, but, far more crucially, equality with legislators, judges, and police.”

Roderick Long (1964) American philosopher

"Equality: the Unknown Ideal" (2001)

“In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law.
By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. The latter we shall call the judiciary power, and the other, simply, the executive power of the state.
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
There would be an end of every thing, were the same man, or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, that of executing the public resolutions, and of trying the causes of individuals.
The executive power ought to be in the hands of a monarch, because this branch of government, having need of dispatch, is better administered by one than by many: on the other hand, whatever depends on the legislative power, is oftentimes better regulated by many than by a single person.
But, if there were no monarch, and the executive power should be committed to a certain number of persons, selected from the legislative body, there would be an end of liberty, by reason the two powers would be united; as the same persons would sometimes possess, and would be always able to possess, a share in both.”

Montesquieu book The Spirit of the Laws

Book XI, Chapter 6.
The Spirit of the Laws (1748)
Source: Esprit des lois (1777)/L11/C6 - Wikisource, fr.wikisource.org, fr, 2018-07-07 https://fr.wikisource.org/wiki/Esprit_des_lois_(1777)/L11/C6,

“It is admitted that the power of taxing the people and their property is essential to the very existence of Government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the Government may choose to carry it. The only security against the abuse of this power is found in the structure of the Government itself. In imposing a tax, the legislature acts upon its constituents. This is, in general, a sufficient security against erroneous and oppressive taxation. The people of a State, therefore, give to their Government a right of taxing themselves and their property, and as the exigencies of Government cannot be limited, they prescribe no limits to the exercise of this right, resting confidently on the interest of the legislator and on the influence of the constituent over their representative to guard them against its abuse.”

John Marshall (1755–1835) fourth Chief Justice of the United States

17 U.S. (4 Wheaton) 316, 428
McCulloch v. Maryland (1819)

“The incorporation of a bank and the powers assumed [by legislation doing so] have not, in my opinion, been delegated to the United States by the Constitution. They are not among the powers specially enumerated.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Opinion on the Constitutionality of the Bill for Establishing a National Bank., 1791. http://www.yamaguchy.netfirms.com/7897401/jefferson/natbank.html ME 3:146
Posthumous publications, On financial matters

“From the nature and purpose of civil institutions, all the lands within the limits which any particular society has circumscribed around itself are assumed by that society, and subject to their allotment only. This may be done by themselves, assembled collectively, or by their legislature, to whom they may have delegated sovereign authority; and if they are alloted in neither of these ways, each individual of the society may appropriate to himself such lands as he finds vacant, and occupancy will give him title.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

1770s, A Summary View of the Rights of British America (1774)

“With this, we are introduced to a unique American contribution to political science: dual federalism and dual sovereignty. The states are sovereign within the spheres of the powers that are reserved to them by the Constitution. They are not sovereign in those things that are delegated to the United States as a whole.”

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

2000s, The Real Abraham Lincoln: A Debate (2002), Rebuttal

“Where the citizen is sovereign and the official the servant, where no power is exercised except by the will of the people, it is important that the sovereign — the people — should possess intelligence.”

Ulysses S. Grant (1822–1885) 18th President of the United States

1870s, Speech to the Society of the Army of Tennessee (1875)
Context: Let us then begin by guarding against every enemy threatening the perpetuity of free republican institutions. I do not bring into this assemblage politics, certainly not partisan politics; but it is a fair subject for soldiers in their deliberations to consider what may be necessary to secure the prize for which they battled in a republic like ours. Where the citizen is sovereign and the official the servant, where no power is exercised except by the will of the people, it is important that the sovereign — the people — should possess intelligence.

“A Society of Citizens, as well as every Thing else, requires a certain fixed Order: There ought to be some to govern, and others to obey. And this is the Origin of every Kind of Subjection; which feels itself more or less alleviated, in Proportion to the Situation of the Subjects. And, consequently, as the Law of Nature commands Us to take as much Care, as lies in Our Power, of the Prosperity of all the People; we are obliged to alleviate the Situation of the Subjects, as much as sound Reason will permit. And therefore, to shun all Occasions of reducing People to a State of Slavery, except the utmost Necessity should inevitably oblige us to do it; in that Case, it ought not to be done for our own Benefit; but for the Interest of the State: Yet even that Case is extremely uncommon. Of whatever Kind Subjection may be, the civil Laws ought to guard, on the one Hand, against the Abuse of Slavery, and, on the other, against the Dangers which may arise from it.”

Catherine the Great (1729–1796) Empress of Russia

Proposals for a New Law Code (1768)

“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)

“But all legislative powers appertain to sovereignty. The original power of giving the law on any subject whatever is a sovereign power […] All admit that the Government may legitimately punish any violation of its laws, and yet this is not among the enumerated powers of Congress. The right to enforce the observance of law by punishing its infraction might be denied with the more plausibility because it is expressly given in some cases. Congress is empowered "to provide for the punishment of counterfeiting the securities and current coin of the United States," and "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." The several powers of Congress may exist in a very imperfect State, to be sure, but they may exist and be carried into execution, although no punishment should be inflicted, in cases where the right to punish is not expressly given. Take, for example, the power "to establish post-offices and post-roads." This power is executed by the single act of making the establishment. But from this has been inferred the power and duty of carrying the mail along the post road from one post office to another. And from this implied power has again been inferred the right to punish those who steal letters from the post office, or rob the mail. It may be said with some plausibility that the right to carry the mail, and to punish those who rob it, is not indispensably necessary to the establishment of a post office and post road. This right is indeed essential to the beneficial exercise of the power, but not indispensably necessary to its existence. So, of the punishment of the crimes of stealing or falsifying a record or process of a Court of the United States, or of perjury in such Court. To punish these offences is certainly conducive to the due administration of justice. But Courts may exist, and may decide the causes brought before them, though such crimes escape punishment. The baneful influence of this narrow construction on all the operations of the Government, and the absolute impracticability of maintaining it without rendering the Government incompetent to its great objects, might be illustrated by numerous examples drawn from the Constitution and from our laws. The good sense of the public has pronounced without hesitation that the power of punishment appertains to sovereignty, and may be exercised, whenever the sovereign has a right to act, as incidental to his Constitutional powers. It is a means for carrying into execution all sovereign powers, and may be used although not indispensably necessary. It is a right incidental to the power, and conducive to its beneficial exercise.”

John Marshall (1755–1835) fourth Chief Justice of the United States

17 U.S. (4 Wheaton) 316, 409 and 416-418. Regarding the Necessary and Proper Clause in context of the powers of Congress.
McCulloch v. Maryland (1819)

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