Vol. 1. Translated by W.P.Dickson
Introductory Paragraph to the second part of Volume 1. On the Abolition of the monarchy and the formation of the Republic. The first magistrates of the republic and the conceptualization of the relationship between the magistrates and the body of citizens.
The History of Rome - Volume 1
Context: The strict conception of the unity and omnipotence of the state in all matters pertaining to it, which was the central principle of the Italian constitutions, placed in the hands of the single president nominated for life a formidable power, which was felt doubtless by the enemies of the land, but was not less heavily felt by its citizens. Abuse and oppression could not fail to ensue, and, as a necessary consequence, efforts were made to lessen that power. It was, however, the grand distinction of the endeavours after reform and the revolutions in Rome, that there was no attempt either to impose limitations on the community as such or even to deprive it of corresponding organs of expression—that there never was any endeavour to assert the so-called natural rights of the individual in contradistinction to the community—that, on the contrary, the attack was wholly directed against the form in which the community was represented. From the times of the Tarquins down to those of the Gracchi the cry of the party of progress in Rome was not for limitation of the power of the state, but for limitation of the power of the magistrates: nor amidst that cry was the truth ever forgotten, that the people ought not to govern, but to be governed.
“The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction, between a government with limited and unlimited powers, is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.”
5. U.S. (1 Cranch) 137, 177
Marbury v. Madison (1803)
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John Marshall 41
fourth Chief Justice of the United States 1755–1835Related quotes
Source: Freedom, Loyalty, Dissent (1954), p. 77
“Unlimited power in the hands of limited people always leads to cruelty.”
Source: The Gulag Archipelago 1918-1956
Source: The Ideological Origins of the American Revolution (1967), Chapter V, TRANSFORMATION, p. 182.
“The limits of tyrants are prescribed by the endurance of those whom they oppress.”
“The only limitations are those which we impose upon ourselves.”
American Communications Association v. Douds, 339 U.S. 382, 439 (1950)
Judicial opinions
“Conned About Marriage, Constitution and States’ Rights” http://www.wnd.com/2014/01/conned-about-marriage-constitution-and-states-rights, WorldNetDaily.com, January 23, 2014.
2010s, 2014
Source: Irrational Man: A Study in Existential Philosophy (1958), Chapter Two, The Encounter With Nothingness, p. 32