Tuesday, April 24, 2007

Now this, I like....

"Man is a cestui que trust, not a slave. His right is God-given. Its power is Divinely intrusted for the conservation of his right. All the theories of Hobbes and his utilitarian followers, which place his title to liberty in the will of the Body-politic, or by the grace of government (Hobbes' Leviathan), or of Rousseau and others, which deduce them from a real or hypothetical contract made for him by a dead ancestry or by himself, or implied from his acquiescence, are alike false and fatal to his interests. Deriving his title from God, his claim is higher than the power of all governments. His right precedes its power; and power is God-given to guard God-given right. Man is placed by God in wardship to the Body-politic as his guardian — and the guardian's power is legitimate only when it protects, and is ultra vires when it impairs the right of the man."

- John Randolph Tucker, L.L.D., "The Constitution of the United States, A Critical Discussion of its Genesis, Development, and Interpretation", 1899. (Grandson of St. George Tucker, author of "Blackstone's Commentaries", 1803. The first commentary on the Constitution of the United States).

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