
No. 3
1770s, Novanglus essays (1774–1775)
James Burnham (1987) The Machiavellians, Defenders of Freedom. p. 280
No. 3
1770s, Novanglus essays (1774–1775)
Other writings, The Paradoxes of Legal Science (1928)
1920s, Ordered Liberty and World Peace (1924)
17 U.S. (4 Wheaton) 316, 426
McCulloch v. Maryland (1819)
Context: This great principle is that the Constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective States, and cannot be controlled by them. From this, which may be almost termed an axiom, other propositions are deduced as corollaries, on the truth or error of which, and on their application to this case, the cause has been supposed to depend. These are, 1st. That a power to create implies a power to preserve; 2d. That a power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and to preserve; 3d. That, where this repugnancy exists, that authority which is supreme must control, not yield to that over which it is supreme.
Source: Commentary on the Epistle to the Galatians (1535), Chapter 2
Book I, ch. 7 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch7.asp: Of the King's Prerogative.
Commentaries on the Laws of England (1765–1769)
Context: In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power. Were it joined with the legislative, the life, liberty, and property of the subject would be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions, and not by any fundamental principles of law; which, though legislators may depart from, yet judges are bound to observe. Were it joined with the executive, this union might soon be an overbalance for the legislative. For which reason... effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers. Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state.
“Authority that does not exist for Liberty is not authority but force.”
Selected Writings of Lord Acton, ed. J. Rufus Fears, 3 vols. (Indianapolis: Liberty Fund, 1985-88), 3:519
Individual Liberty (1926), Anarchism and Crime
Context: Where crime exists, force must exist to repress it. Who denies it? Certainly not Liberty; certainly not the Anarchists. Anarchism is not a revival of non-resistance, though there may be non-resistants in its ranks. The direction of Mr. Ball's attack implies that we would let robbery, rape, and murder make havoc in the community without lifting a finger to stay their brutal, bloody work. On the contrary, we are the sternest enemies of invasion of person and property, and, although chiefly busy in destroying the causes thereof, have no scruples against such heroic treatment of its immediate manifestations as circumstances and wisdom may dictate. It is true that we look forward to the ultimate disappearance of the necessity of force even for the purpose of repressing crime, but this, though involved in it as a necessary result, is by no means a necessary condition of the abolition of the State.
“It is harder to preserve than to obtain liberty.”
Speech in the Senate (January 1848)
1840s