SOVEREIGNTY, GOVERNMENT & LIBERTY

The law makes the government, not the government the law.

Lex facit regem, non rex legem.

Source: Bracton; Fleta, lib. 1, c. 17; C.L.M.; Weisman, 51b

Government derives its existence from law — it cannot place itself above the law that created it.

All political power is inherent in the People by decree of God; none can exist except it be derived from them.

Omnis potestas a Deo est; nulla nisi a Deo ordinata.

Source: American constitutional maxim; cf. Romans 13:1; Va. Declaration of Rights §2 (1776); Weisman, 51o

Sovereignty resides in the People, not in the government. Every exercise of government power must trace back to a grant from the People.

The welfare of the People is the supreme law.

Salus populi est suprema lex.

Source: Bacon, Max. reg. 12; 13 Co. 139; Broom, Max. 1; Weisman, 71j

The object of government is the protection and preservation of the rights of the People — not its own power or convenience.

No free man shall be taken or imprisoned, or disseised, or outlawed, or exiled, or in any way destroyed; nor shall we go upon him, nor send upon him, except by the lawful judgment of his peers or by the law of the land.

Nullus liber homo capiatur vel imprisonetur, aut disseisiatur, aut utlagetur, aut exuletur, aut aliquo modo destruatur; nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae.

Source: Magna Carta, c. 29 (1215); 2 Inst. 45; Broom, Max. 76

The foundational restraint on all government power over the person. Due process of law — not legislative will — is the only lawful mechanism.

The king ought not to be under any man, but under God and under the law, for the law makes the king.

Rex non debet esse sub homine sed sub Deo et lege, quia lex facit regem.

Source: Bracton, lib. 1, c. 5; 12 Co. 65

Government authority is bounded above by God and below by law — it is never above either. This is the constitutional bedrock: government officers are servants of the law, not masters of the People.

Power is not conferred but for the public good.

Potentia non est nisi ad bonum.

Source: Bouvier, Max.

All governmental power exists for the benefit of the governed — power exercised against the public good is power abused and is without lawful authority.

Power ought to follow justice, not precede it.

Potentia debet sequi justitiam, non antecedere.

Source: Bouvier, Max.; Weisman, 11n

Justice determines the rule; power enforces it — when power acts first and seeks justification after, the result is tyranny, not government.

What the people have last enacted, let that be the established law.

Quod populus postremum jussit, id jus ratum esto.

Source: Bouvier, Max.

The will of the People, expressed through their most recent lawful act, supersedes all prior enactments — the sovereign People always retain the power to alter their law.

Laws are imposed on things, not on words.

Leges non verbis sed rebus sunt impositae.

Source: Coke, 10 Co. 101; Weisman, 71n

Government action is judged by its substance and effect, not by the label given to it. (Duplicate maxim — see also 10.2.32.)

The law does not compel the impossible.

Lex non cogit ad impossibilia.

Source: Co. Litt. 231b; Broom, Max. 242; Hob. 96

No government may require of its citizens what is impossible to perform.

The end of a thing is to be attended to.

Finis rei attendendus est.

Source: 3 Co. Inst. 51

The end for which government was instituted — protection of rights — determines the measure of its lawful action.

The law is not to be violated by those in government.

Lex non a rege est violanda.

Source: Jenk. Cent. 7; Weisman, 51k

The government officer who violates the law he is sworn to uphold commits a breach of trust.

Public necessity is greater than private.

Necessitas publica major est quam privata.

Source: Bacon, Max. reg. 12; Noy, Max.

When genuine public necessity exists, it takes precedence — but the necessity must be real, not manufactured, and the remedy proportionate. (Duplicate maxim — see also 12.6.9.)

The king ought to judge only according to law.

Rex non debet judicare sed secundum legem.

Source: Jenk. Cent. 9

No government officer may exercise discretion contrary to law — all judgments, decisions, and exercises of authority must conform to the law as established, not to the officer's personal will.

Silence in the senate is a fault.

Silentium in senatu est vitium.

Source: 12 Co. 94

Legislators who remain silent when they should speak — when rights are being infringed, when unconstitutional measures are proposed — are guilty of a dereliction of duty. The office demands active fidelity, not passive acquiescence.

It concerns the State that judgments be not rescinded.

Interest reipublicae res judicatas non rescindi.

Source: 2 Inst. 359; Jackson

The finality of judgments serves the public interest by preventing endless relitigation — settled matters should remain settled unless fundamental error of jurisdiction is shown.

It is to the advantage of the State that everyone uses his property properly.

Interest reipublicae ut quilibet re sua bene utatur.

Source: 6 Co. 37; Jackson

Under the monarchy, the Crown's interest in property use was supreme. In the American system, government's interest in the proper use of property is delegated from the People and limited by the owner's natural right — regulation must serve the genuine public good, not merely expand government control over private dominion, and no right may be taken without due process of law.

The king can do nothing other than what he can do by law.

Nihil aliud potest rex quam quod de jure potest.

Source: 11 Co. Rep. 74; Jackson

The sovereign's power is bounded by law — any act beyond what the law authorizes is ultra vires and void.

The government cannot load a citizen with imposition against his will or consent.

Source: 2 Coke, 61; Weisman, 51a; Weisman, 59g

(English-origin maxim.) The government cannot burden a citizen with obligations, taxes, or conditions without lawful authority derived from the consent of the governed — an imposition that exceeds the powers delegated by the People is ultra vires and void.

The laws themselves desire that they should be governed by right.

Source: Co. Litt. 174b; Weisman, 51d; Weisman, 71ee

(English-origin maxim.) The laws themselves demand that they be administered according to right and justice — an officer who administers the law contrary to right acts against the very nature of law.

No one should hold two offices at the same time.

Source: 4 Inst. 100; Weisman, 51e

(English-origin maxim.) Dual office-holding creates conflicts of interest and concentrates power — challenge an official who holds incompatible offices on the ground that the offices cannot lawfully be united in one person.

The absence of him who is employed in the service of the state, should not be prejudicial to him nor to others.

Source: Dig. 50, 17, 140; Weisman, 51g

(English-origin maxim.) A person absent on public service shall not be prejudiced thereby — his rights, deadlines, and legal standing are preserved as though he were present, and third parties cannot take advantage of his service-related absence.

Lapse of time does not bar the commonwealth.

Source: 2 Inst. 273; 1 Bl. Comm. 247; Hob. 347; 10 Barb. (N.Y.) 139; 16 Tex. 305; Weisman, 51l

(English-origin maxim.) Under the monarchy, this meant the Crown's claims were never barred by delay. In the American system, the People are the sovereign — their reserved rights are not extinguished by the passage of time, and no government actor may claim that the People waited too long to assert a right that was never surrendered.

Men must turn square corners when they deal with the government.

Source: Rock Island R.R. v. U.S., 254 U.S. 141, 143; Weisman, 51m

(English-origin maxim.) Those who deal with the government must comply strictly with all conditions and requirements — equitable excuses for non-compliance that might work between private parties will not avail against the sovereign.

Favors from government often carry with them an enhanced measure of regulation.

Source: U.S. v. Morton Salt Co., 338 U.S. 632, 652; Weisman, 51n

(English-origin maxim.) Accepting a benefit or privilege from government subjects the recipient to greater regulatory oversight — licensees and grant recipients face conditions that ordinary citizens do not. Government often creates privileges where rights already exist, so that it may regulate what it otherwise cannot. Where the People know and assert their rights, no privilege — and no regulation attached to it — is necessary.

Obedience makes government, not the name by which it is called.

Source: Weisman, 51c; C.L.M.

(English-origin maxim.) The legitimacy of government rests on the voluntary obedience of the People, not on titles or labels — invoke this to argue that a body calling itself "government" has no authority if the People have not consented to obey it, and that any institution demanding obedience must demonstrate its lawful basis for that claim.

Were the executive power not to have a right of restraining the encroachments of the legislative body, the latter would become despotic.

Source: Montesquieu, The Spirit of Laws; Weisman, 51j

(English-origin maxim.) The executive power must have the ability to check legislative overreach — without this restraint, the legislature becomes despotic, which is the foundation for the executive veto and separation of powers.

The main object of government is the protection and preservation of personal rights, private property, and public liberties, and upholding the law of God.

Source: Weisman, 51p

(English-origin maxim.) Government exists to protect personal rights, private property, and public liberties — any government action that undermines these objects is contrary to the very purpose for which government was established.

A frequent recurrence to fundamental principles, and a firm adherence to justice, virtue, and original law, are indispensably necessary to preserve the blessings of liberty and good government.

Source: Weisman, 51q

(English-origin maxim.) The People must regularly return to first principles of justice and original law to preserve liberty — cite this constitutional maxim (found in many state constitutions) to justify challenging government drift from foundational limits.

As usurpation is the exercise of power, which another has a right to; so tyranny is the exercise of power beyond right, which no body can have a right to.

Source: Locke, Treat. 2, 18, 199; Weisman, 51r

(English-origin maxim.) Usurpation is exercising power that belongs to another; tyranny is exercising power beyond any lawful right — both are unlawful, but tyranny is the graver offense because no one can ever have a right to it.

The king can do no wrong.

Rex non potest peccare.

Source: Jenk. Cent. 9; 2 Roll. R. 304; Broom, Max. 52

Under the monarchy, this meant the Crown was presumed to act lawfully. There is no king in America — the People are sovereign. When a government officer acts outside his delegated authority, the presumption of lawful action vanishes, and the act is void as ultra vires. The People, as sovereign, can do no wrong because it is from them that all lawful authority flows.

A foreigner is one who is born out of the territory—that is, the government—of the king.

Extraneus est subditus qui extra terram, i.e. potestatem regis, natus est.

Source: 7 Co. 16; Jackson

Citizenship and allegiance attach to the place of birth and the sovereignty under which one is born — a person born outside the jurisdiction owes no natural allegiance to it.

An ambassador fills the place of the king by whom he is sent, and is to be honoured as he is whose place he fills.

Legatus regis vice fungitur a quo destinatur et honorandus est sicut ille cujus vicem gerit.

Source: 12 Co. 17; Jackson; Weisman, 51f

An ambassador or delegate acts in the name and with the authority of the one who sent him — an affront to the delegate is an affront to the principal.

Royal prerogatives pertaining to the Crown depart from the Crown by the consent of the kings.

Libertates regales ad coronam spectantes ex concessione regum a corona exierunt.

Source: 2 Inst. 496; Jackson

Royal prerogatives are not inherent but derived from law; they may be relinquished or limited by the sovereign's own consent or by constitutional constraint.

All subjects are the king’s servants.

Omnes subditi sunt regis servi.

Source: Jenk. Cent. 126; Jackson

The relationship between sovereign and subject is reciprocal — protection in exchange for allegiance, allegiance in exchange for protection.

That which is the property of nobody, belongs to our lord the king.

Quod nullius est, est domini regis.

Source: Fleta, 1. 8; Jackson

Property that belongs to no one reverts to the sovereign — in the American system, to the People collectively through the state.

The king is both legal and politic.

Rex est legalis et politicus.

Source: Lane, 27; Jackson

The sovereign possesses both a legal capacity (bound by law) and a political capacity (exercising discretion within legal bounds) — neither is unlimited.

The king never dies.

Rex nunquam moritur.

Source: Branch, Max. 5th ed. 197; Jackson

The office of sovereign is perpetual even though the holder changes — governmental continuity survives the death of any individual officer.

The king is always presumed to attend to the business of the realm, for the public good of all.

Rex semper praesumitur attendere ardua regni pro bono publico omnium.

Source: 4 Co. 56; Jackson

Government officers are presumed to act in the public interest — but this presumption is rebuttable when their acts demonstrably serve private interests instead.

No summonses or citations are permitted to be served within the king’s palace.

Summonitiones aut citationes nullae liceant fieri infra palatium regis.

Source: 3 Inst. 141; Jackson

The sovereign's residence is immune from service of process, preserving the dignity and uninterrupted function of the sovereign office.

Treasure does not belong to the king, unless no one knows who hid it.

Thesaurus non competit regi, nisi quando nemo scit qui abscondit thesaurum.

Source: 3 Inst. 132; Jackson

Found treasure belongs to the finder unless no owner can be identified, in which case it reverts to the sovereign — the state's claim is secondary to that of any known owner.

A delegated authority cannot be again delegated.

Delegata potestas non potest delegari.

Source: 2 Inst. 597; Broom, Max. 840; 2 Bouv. Inst. n. 1300; Weisman, 11a

Government power delegated by the People cannot be sub-delegated to private actors, corporations, or agencies without express constitutional authorization.

The derivative power cannot be greater than the original from which it is derived.

Derivativa potestas non potest esse major primitiva.

Source: Noy, Max. 16; Wing. Max. 66; Finch, Law, b. 1, c. 3; Weisman, 11b

Government cannot exercise a power greater than what the People delegated to it. What the People reserved, the government never possessed.

Nothing is so becoming to authority as to live in accordance with the laws.

Nihil tam proprium imperio quam legibus vivere.

Source: Fleta, lib. 1, c. 17, s. 11; Weisman, 11c

Authority is legitimate only when exercised within the bounds of law. An officer who acts outside the law acts without authority.

No one can do indirectly what he cannot do directly.

Nemo potest facere per obliquum quod non potest facere per directum.

Source: 1 Inst. 56; Broom, Max. 347; Weisman, 2y

A government that lacks authority to regulate a right directly cannot use licensing, taxation, or contract to achieve the same result by indirection. The foundation of the unconstitutional conditions doctrine.

When anything is commanded, everything by which it can be accomplished is also commanded.

Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud.

Source: 5 Co. 116; Weisman, 11g

A grant of authority includes the means necessary to exercise it — but no more. The grant must exist before the means can be implied.

A power is strictly interpreted.

Potestas stricte interpretatur.

Source: Jenk. Cent. p. 17, case 29; Weisman, 11p

Government power is construed narrowly. What is not granted is withheld. Ambiguity in a grant of power is resolved against the government and in favor of the People's retained rights.

In the greatest power there is the least freedom [license].

In maxima potentia minima licentia.

Source: Hob. 159; Weisman, 11d

The more powerful the government office, the more tightly bound it is by law. Supreme power carries supreme obligation.

An equal has no power over an equal.

Par in parem non habet imperium.

Source: Jenk. Cent. 174; Broom, Max. 111; Weisman, 11k

One citizen has no inherent authority over another. Government authority exists only by delegation from the People as a whole, not from any individual over another.

The edict of the sovereign contrary to right is of no force.

Rescriptum principis contra jus non valet.

Source: Reg. Civ. Jur.

No executive order, proclamation, or governmental directive that contravenes established right has any validity — the form of authority does not overcome the substance of right.

He who has authority to do the more important act shall not be debarred from doing that of less importance.

Cui licet quod majus non debet quod minus est non licere.

Source: 4 Co. 28; Jackson

He who possesses the greater power is not to be denied the lesser — a grant of authority to do the major act necessarily includes authority for all subordinate acts required to accomplish it.

Lawful authority should receive a strict interpretation, unlawful authority a wide and extended one.

Mandata licita strictam recipiunt interpretationem, sed illicita latam et extensam.

Source: Bac. Max. Reg. 16; Jackson

Lawful commands are confined to their strict terms to prevent overreach, while unlawful commands are read broadly to expose the full extent of their illegality.

"Maxime," so called because its dignity is chiefest, and its authority the most certain, and because universally approved by all.

Maxime, so called quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur.

Source: Co. Litt. 11; Jackson

A maxim of law carries the highest dignity and most certain authority because it represents a principle universally approved by the law — it is the distilled wisdom of the common law.

The authority of no man ought to prevail with us, so that we should not adopt better things, if another bring them.

Nullius hominis auctoritas apud nos valere debet, ut meliora non sequeremur si quis attulerit.

Source: Co. Litt. 383; Jackson; Weisman, 11m

No authority, however esteemed, is above correction — the pursuit of truth and better reasoning must always prevail over deference to reputation.

The supreme power may loose, but cannot bind, itself.

Potestas suprema seipsam dissolvere potest, ligare non potest.

Source: Bac. Max. Reg. 19; Jackson

The highest power can release itself from its own constraints but cannot permanently bind its successors — no legislature can enact an irrepealable statute.

Private loss is compensated by public good.

Privatum incommodum publico bono pensatur.

Source: Jenk. Cent. 85; 7 C. B. 266; Jackson

Individual inconvenience may be tolerated when a legitimate public purpose is served — but the public good must be genuine, not a pretext for private benefit.

A delegate cannot have a delegate.

Vicarius non habet vicarium.

Source: Jackson

A deputy or delegate has no power to appoint a sub-deputy — delegated authority rests with the person to whom it was entrusted and cannot be passed further.

A man commanding not too strictly is best obeyed.

Remissus imperanti melius paretur.

Source: 3 Inst. 233; Bouvier, Max.

Authority exercised with temperance earns willing obedience — the officer who governs mildly governs most effectively, while the tyrant breeds resistance.

That power is to no purpose which never comes into act, or which is never exercised.

Source: 2 Coke, 51; Weisman, 11e; Weisman, 11o

(English-origin maxim.) A delegated power that is never actually exercised is as if it did not exist — cite this to argue that an authority claimed but never used has been effectively abandoned or waived.

Power can never be delegated which the authority said to delegate never possessed itself.

Source: N.J. Steam Co. v. Merchants' Bank, 6 How. (47 U.S.) 344, 407; Weisman, 11f

(English-origin maxim.) An agent or officer cannot delegate authority that was never granted to the principal in the first place — cite this to challenge subdelegations of power where the original delegating body lacked the authority itself.

Supreme power can dissolve itself.

Source: Bacon, Max. VI; Black's, 2d. 1181; Dav. Ir. KB. 69; Branch, Princ.; Weisman, 11h

(English-origin maxim.) The supreme sovereign power has the inherent ability to dissolve itself — this principle underlies the People's right to alter or abolish their form of government when it no longer serves them.

One has authority when he has a legal or rightful power to act.

Source: C.L.M.; Weisman, 11j

(English-origin maxim.) Authority requires a lawful foundation — a person claiming power to act must demonstrate the legal source of that power.

The legality of power must be estimated not by what it will do, but by what it can do.

Source: Block v. Hirsh, 256 U.S. 135, 162; Weisman, 11l

(English-origin maxim.) Power must be judged by its potential reach, not merely its present exercise — a power that can be abused is dangerous even when it has not yet been abused.

Power is not synonymous with right.

Source: Poe v. Seaborn, 282 U.S. 101, 113; Weisman, 11v

(English-origin maxim.) Having the power to do something does not make it lawful — might does not make right, and every exercise of power must be measured against the law that authorizes it.

Liberty is the natural power of doing whatever one pleases, except that which is restrained by law or force.

Libertas est naturalis facultas ejus quod cuique facere libet, nisi quod de jure aut vi prohibetur.

Source: Co. Litt. 116; Dig. 1, 5, 4; Inst. 1, 3, 1; Weisman, 47b

The default state of every person is liberty. Restriction is the exception, requiring lawful authority.

All laws cry out in favor of liberty.

In favorem libertatis, omnia jura clamant.

Source: Dig. 50, 17, 122

When a law is ambiguous as to whether it restricts liberty, it must be construed as not restricting it.

He is to be judged impious and cruel who does not favor liberty.

Impius et crudelis judicandus est qui libertati non favet.

Source: Co. Litt. 124; Weisman, 47f

A judge, officer, or legislator who construes law against liberty acts against the very purpose of his office.

Liberty is a thing beyond all price.

Libertas inaestimabilis res est.

Source: Dig. 50, 17, 106; Weisman, 47c

Liberty cannot be bargained away, taxed, or valued in money. It is not a commodity subject to exchange.

The body of a freeman does not admit of valuation.

Liberum corpus aestimationem non recipit.

Source: Dig. 9, 3, 7; Hob. 59; Bract. fol. 14; Weisman, 35n; Weisman, 47d

A free person's body and liberty cannot be reduced to a monetary value — the basis for the rule against involuntary servitude.

Whenever the interpretation of liberty is doubtful, the answer should be on the side of liberty.

Quotiens dubia interpretatio libertatis est, secundum libertatem respondendum erit.

Source: Dig. 50, 17, 20; Co. Litt. 116; Weisman, 47a

Doubt is resolved in favor of the individual's liberty, never in favor of the government's power. The presumption is always freedom.

It is a wretched state of slavery which subsists where the law is vague or uncertain.

Misera est servitus ubi jus est vagum aut incertum.

Source: 4 Inst. 245, 246; Broom, Max. 150; Weisman, 47i

Vague laws that leave the citizen guessing whether he is free to act are instruments of servitude, not liberty. A law must be definite enough that a citizen of ordinary understanding can know what is required. (Duplicate maxim — see also 10.3.9.)

No man can renounce the country in which he was born, nor abjure the obligation of his allegiance.

Nemo patriam in qua natus est exuere, nec ligeantiae debitum ejurare possit.

Source: Co. Litt. 129; Broom, Max. 75

Under the monarchy, the subject owed perpetual allegiance to the Crown and could not renounce it. In the American system, allegiance flows from birthright, not from government grant — but the natural right of expatriation is recognized. The Declaration of Independence itself was an act of renouncing allegiance, establishing that the People may dissolve political bonds when government ceases to protect their rights.

The laws of England in every case give favor to liberty.

Angliae jura in omni casu libertati dant favorem.

Source: Fortescue, c. 42

In every legal dispute touching the freedom of the subject, the presumption runs in favor of liberty — the common law never construes against freedom when the question is doubtful.

Money being restored does not set free the party offering.

Liberata pecunia non liberat offerentem.

Source: Co. Litt. 207; Jackson; Weisman, 94r

The return of money does not discharge a person from the obligation that gave rise to the payment — the underlying duty survives the refund.

The civil laws reduce an ungrateful freedman to his original slavery, but the laws of England regard a man once manumitted as ever after free.

Libertinum ingratum leges civiles in pristinam servitutem redigunt; sed leges Angliae semel manumissum semper liberum judicant.

Source: Co. Litt. 187; Jackson

Under the common law of England, once a person is freed from bondage the freedom is permanent and irrevocable — liberty, once granted, cannot be recalled for ingratitude or any other cause.

All men are freemen or slaves.

Source: Inst. 1, 3, pr.; Fleta, 1. 1, c. 1, s. 2; Bouv. 145; Weisman, 47g

(English-origin maxim.) Every person is either free or enslaved — there is no intermediate status. Cite this to resist the creation of quasi-servitudes through licensing regimes, conditions on travel, or administrative controls on liberty.

Liberty is an inestimable thing; a thing above price.

Source: Dig. 50, 17, 106; Weisman, 47c

Liberty cannot be valued in money — it is priceless and therefore cannot be compensated by damages. This maxim supports the principle that restraints on liberty require the highest justification.

The laws of nature are immutable.

Jura naturae sunt immutabilia.

Source: Branch, Princ.; Bacon, Aph.; Weisman, 74c

Natural rights do not change with the times, with legislation, or with judicial doctrine. What was a right at the founding remains a right today.

Natural liberty is the power of acting as one thinks fit, without any restraint or control, unless by the law of nature.

Libertas naturalis est potestas agendi ut quis velit, absque ullo impedimento vel coactione, nisi lege naturae.

Source: 1 Bl. Comm. 125; Weisman, 47h

The only inherent restraint on natural liberty is the law of nature itself — not legislative enactment, not executive decree, not judicial construction.

Individual liberties are antecedent to all government.

Libertates individuales sunt ante omnem gubernationem.

Source: American constitutional maxim; Declaration of Independence (1776); state bills of rights; Weisman, 51i

Rights existed before government was instituted. Government was created to secure rights, not to grant them. What preceded government cannot be taken by government.

What is mine cannot be taken away without my consent.

Quod meum est sine me auferri non potest.

Source: Bouvier, Max.

Property is a natural right — no government, corporation, or individual may deprive a man of what is his except by his own voluntary act or by due process of law.

Everyone is the manager and disposer of his own affairs.

Rerum suarum quilibet est moderator et arbiter.

Source: Co. Litt. 223a; Bouvier, Max.

Every man has the natural right to direct his own affairs, order his own household, and dispose of his own property — no authority may usurp this right without due process of law.

It is lawful to repel force with force.

Vim vi repellere licet.

Source: Weisman, 82d

Self-defense is a natural right — a man may use proportionate force to defend his life, limb, or property against unlawful aggression without waiting for the aid of the law.

Liberty is more favored than all things.

Libertas omnibus rebus favorabilior est.

Source: Dig. 50, 17, 122; Weisman, 47e

In any conflict between government power and individual liberty, liberty is the favored position. The burden is on the government to justify the restriction.

Whatever one does in defense of his person, that he is considered to have done legally.

Quod quisque ob tutelam corporis sui fecerit, jure id fecisse videtur.

Source: 2 Inst. 590

Self-defense is the first law of nature. The right to defend one's own body and life requires no government permission.

The right of blood and kindred cannot be destroyed by any civil law.

Jura sanguinis nullo jure civili dirimi possunt.

Source: Dig. 50, 17, 9; Bacon, Max. reg. 11; Broom, Max. 533; Weisman, 86j

The natural bond between parent and child is antecedent to government and cannot be severed by statute. The parental right is a natural right, not a civil privilege.

Where there is a right, there is a remedy.

Ubi jus, ibi remedium.

Source: Broom, Max. 191; 1 Term R. 512; Co. Litt. 197b; Weisman, 94a

A right without a remedy is no right at all. If government infringes a right, the law must provide recourse.

Anyone may renounce a right introduced for his own benefit.

Quilibet potest renunciare juri pro se inducto.

Source: Bouvier, Max.; Weisman, 77d

A man may waive a right that exists for his personal benefit, but only voluntarily and with knowledge — the waiver of a right cannot be compelled or presumed.

He who uses his legal rights harms no one.

Source: Carson v. Western R. Co., 8 Gray (Mass.) 424; Broom, Max. 379; Weisman, 77c; Weisman, 77i

(English-origin maxim.) A person who lawfully exercises his own rights cannot be held liable for any resulting harm to another — the exercise of a right is never a legal wrong, even if it causes inconvenience or loss to others.

Not the duration of time, but the solidity of reason, is to be considered.

Non diuturnitas temporis, sed soliditas rationis est consideranda.

Source: Jenk. Cent. 100, case 95; Weisman, 77g

What must be considered is not the duration of time but the solidity of reason — a right grounded in sound principle endures regardless of how long it has gone unexercised or been suppressed.

Mistaken notions about one's legal rights are not sufficient to bar prosecution for crime.

Source: Williams v. North Carolina, 325 U.S. 238; Weisman, 77m

(English-origin maxim.) A person's mistaken belief about his legal rights does not excuse criminal conduct — ignorance of the law is no defense, even when the defendant sincerely believed he was within his rights.

A continual usage is of great effect to establish a right.

Source: 4 Coke, 78; Wing. Max. p. 719, max. 192; Williams v. U.S., 341 US 97, 101; Weisman, 77n

(English-origin maxim.) Long and uninterrupted exercise of a right is powerful evidence of its existence — cite this to establish prescriptive rights, customary easements, or longstanding community practices as legally binding.

Any one may waive or renounce the benefit of a principle or rule of law that exists only for his protection.

Source: Black's, 304; Weisman, 77p

(English-origin maxim.) A party may voluntarily waive any legal protection that exists solely for his own benefit — but the waiver must be knowing and voluntary, and rights that protect the public generally cannot be waived by an individual.

He will not be considered as using force who exercises his rights and proceeds by forms of law.

Source: Dig. 50, 17, 155, 1; Weisman, 77s

(English-origin maxim.) One who pursues his rights through proper legal channels is not considered to be using force — lawful process, even if coercive in effect, is not wrongful compulsion.

A fact does not necessarily constitute a right.

Source: Branch, Max. 15; Weisman, 77t

(English-origin maxim.) The mere existence of a state of affairs does not create a legal right — possession alone does not make ownership, and practice alone does not make law unless it meets the requirements of custom or prescription.

The right ascends collaterally.

Source: Bract. 20; Weisman, 77u

(English-origin maxim.) Rights of inheritance may pass not only downward to descendants but also upward and sideways through collateral lines — relevant in determining succession when direct heirs are absent.

The law favors common right.

Source: Wing. Max. p. 547, max. 144; Weisman, 82r; Weisman, 82f

(English-origin maxim.) When a statute or grant is ambiguous, it must be construed in favor of the common right of all the people rather than in favor of a private or exclusive privilege.

By natural right, anyone is entitled to summon another into court.

Source: Branch, Max. 120; Weisman, 82g

(English-origin maxim.) Every person has an inherent right to bring another before a court of justice — the right of access to the courts is a natural right, not a privilege granted by the state.

Natural rights are such as appertain to man, inherent in his nature or plainly assured by natural law, being distinguished from such as are created by law, and depend upon civilized society.

Source: Borden v. State, 11 Ark. 519, 527; 44 Am. Dec. 217; Weisman, 82h

(English-origin maxim.) Natural rights are inherent in man's nature and assured by natural law, while civil rights are created by positive law — cite this to argue that natural rights exist independently of and prior to any government grant.

It would be idle and trite to say that no right is absolute.

Source: Orient Ins. Co. v. Draggs, 172 U.S. 557, 566; Weisman, 86a

(English-origin maxim.) While every right has limits, the point of this maxim is that declaring rights non-absolute is itself a commonplace that proves nothing — the real question is always where the limit falls, not whether one exists.

Rights never die.

Jura non moritura.

Source: Bouv. 156; Weisman, 86d

Rights are immortal and cannot be extinguished by disuse, suppression, or the passage of time — a right that has lain dormant for generations may be revived and enforced at any time.

A thing is private which is not common.

Source: Le Breton v. Miles, 8 Paige, Ch. (N.Y.) 261, 270; Weisman, 86e

(English-origin maxim.) Private property or right is defined by exclusion from common use — cite this to establish that a thing claimed as private cannot simultaneously be treated as public or common.

Right is threefold,-of property, of possession, and of possibility.

Source: Black's, 681; Weisman, 86f

(English-origin maxim.) Right exists in three forms: the right of ownership (property), the right of actual holding (possession), and the right of future claim (possibility) — correctly identifying which type of right is at issue is essential to selecting the proper remedy.

A right not vested in a person living, but merely exists in the consideration and contemplation of law, is said to be in abeyance.

Source: Co. Litt. 342; Weisman, 86h

(English-origin maxim.) A right that is not yet vested in any living person but exists in contemplation of law is said to be in abeyance — it is not destroyed but merely suspended until a person qualifies to receive it.

He is not deemed to use force who exercises his own right, and proceeds by ordinary action.

Source: Dig. 50, 17, 155, 1; Weisman, 86i

(English-origin maxim.) A person who exercises his lawful right through ordinary legal action is not considered to use force — the enforcement of a valid right by lawful means cannot constitute duress or compulsion.

No one is considered to act with guile, or to be a wrong-doer, who uses his own right.

Source: Dig. 50, 17, 55; Broom, Max. 130; Amer. Ins. Co. v. Griswold, 14 Wend. (N.Y.) 399, 492; Weisman, 86k

(English-origin maxim.) No one is considered to act in bad faith or commit a wrong merely by exercising his own legal right — cite this to defeat claims of malice or tortious conduct where the defendant was simply using a right he lawfully possessed.

No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear or unquestionable authority of law.

Source: Union Pac. Ry. v. Botsford, 141 U.S. 250, 251; Weisman, 86m

(English-origin maxim.) The right of bodily autonomy is the most sacred right at common law — no one may be restrained, searched, or compelled to submit his body without clear and unquestionable authority of law.

A chase is by common law.

Source: 2 Bl. Comm. 414-416; Weisman, 86p

(English-origin maxim.) The right of chase (hunting) exists by common law and does not depend on statutory grant — cite this to argue that hunting rights on one's own land or common land are inherent, not licensed.

It is allowable to kill a thief if he cannot otherwise be taken.

Surem, si aliter capi non posset, occidere permittunt.

Source: Weisman, 77b

At common law, deadly force was permitted against a thief who could not be apprehended by lesser means — the right to protect property extended to lethal defense when no alternative existed.

If a person neglect to insist on his right, he is deemed to have abandoned it.

Source: C.L.M.; Weisman, 86c

(English-origin maxim.) Rights recognized by the common law must be actively asserted — a man who knows of a trespass upon his rights and remains silent is presumed to have waived them. This maxim underscores why timely notice and demand are essential to the preservation of every natural and constitutional right.

No man ought to be affected in his rights by the judgment or decree of any court, without an opportunity of being previously heard in his own defense.

Source: Wharton, III-208

(English-origin maxim.) Due process of law requires that no person's rights be taken or diminished by any judgment or decree without the opportunity to be heard in his own defense — a judgment entered without notice and hearing is void.

The right of arms is necessary where laws are deficient.

Jus armorum est necessarium ubi deficiunt leges.

Source: Common law maxim; cf. 2 Inst. 574

When the law fails to protect the citizen, the citizen retains the natural right to protect himself. The right of arms is the last safeguard of all other rights.

The laws permit the taking up of arms against the armed.

Arma in armatos sumere jura sinunt.

Source: 2 Inst. 574; Broom, Max. 26; Weisman, 9a

The right to bear arms includes the right to use them in defense against armed aggression — whether from private actors or tyrannical government.

Under the name of arms are included, not only shields and swords and helmets, but also clubs and stones.

Source: Co. Litt. 162; Weisman, 9b

(English-origin maxim.) The term "arms" is broadly defined to include any weapon, not merely firearms or bladed weapons — cite this to argue that the right to bear arms extends to all instruments of defense.

It is a liberty of free citizens to retain arms for their protection and according to their condition.

Source: People v. Horton, 264 N.Y.S. 84, 88; Weisman, 9c

(English-origin maxim.) Free citizens have a liberty to keep and bear arms suitable to their condition for their personal protection — this is a right of free status, not a government-granted privilege.

Arms used in the committing an offense include only that which is recognized as a dangerous weapon.

Source: C.L.M.; Weisman, 9e

(English-origin maxim.) The term "arms" in the context of criminal offenses is limited to instruments recognized at common law as dangerous weapons — ordinary tools, household implements, or objects not inherently dangerous cannot be classified as "arms" merely because they were present during an offense, and any statute that expands this definition beyond its common law meaning encroaches upon the right of the People to keep and bear arms.

The people have a right to bear arms for the defense of themselves and the state.

Source: Weisman, 9f

(English-origin maxim.) The people's right to bear arms exists for both personal defense and the defense of the state — this dual purpose cannot be legislatively reduced to only one or the other.

No one can be made to testify against himself or betray himself.

Source: C.L.M.; Broom, Max. 968; Weisman, 77q

(English-origin maxim.) The privilege against self-incrimination — no man is bound to accuse himself. This maxim is the foundation of the Fifth Amendment right against compelled self-testimony.

Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice.

Jurisdictio est potestas de publico introducta cum necessitate juris dicundi.

Source: 10 Co. 73a; Weisman, 66e

Jurisdiction exists to serve the public — not to expand government power. When jurisdiction is used against the public interest, it is perverted from its purpose.

One who exercises jurisdiction out of his territory is not obeyed with impunity.

Extra territorium jus dicenti impune non paretur.

Source: Dig. 2, 1, 20; 10 Co. 77; Story, Confl. Laws §539; Weisman, 66m

An officer acting outside his jurisdictional bounds acts without authority. Obedience to such ultra vires commands is not required and may be dangerous.

Every jurisdiction has its own bounds.

Quaelibet jurisdictio cancelos suos habet.

Source: Jenk. Cent. 137; Weisman, 66g

No jurisdiction is unlimited. The limits of jurisdiction are as important as the grant of jurisdiction. What is outside the boundary is beyond the power.

A judgment given by one who is not the proper judge is of no force.

Judicium a non suo judice datum nullius est momenti.

Source: Lofft 458; 10 Co. 76; Weisman, 64a

A court acting without subject-matter or personal jurisdiction renders a void judgment, no matter how formally correct the proceedings.

The order of things is confounded if every one preserves not his jurisdiction.

Ordo judiciorum confunditur si unusquisque jurisdictionem suam non servet.

Source: 4 Inst. Proem.; Weisman, 66j

When courts or officers exceed their jurisdiction, the entire legal order breaks down. Jurisdictional limits protect the People by ensuring that no single authority becomes unchecked.

Statutes are confined to their own territory, and have no extraterritorial effect.

Statuta suo clauduntur territorio, nec ultra territorium disponunt.

Source: Story, Confl. Laws §20; Broom, Max.; Weisman, 66d

A state's statutes have no force beyond its borders. A statute of one jurisdiction cannot bind the citizens of another.

The appointment of justices is by the sovereign; but ordinary jurisdiction is from the law.

Designatio justiciariorum est a rege; jurisdictio vero ordinaria a lege.

Source: 4 Inst. 74

While the executive may appoint judges, the jurisdiction those judges exercise comes from the law itself, not from the appointing authority — the judge's power is defined by law, not by the will of whoever placed him on the bench.

Jurisdiction is the power to declare the law; and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.

Source: Bullington v. Angel, 220 N.C. 18; Weisman, 66f

(English-origin maxim.) When a court loses jurisdiction over a matter, its only remaining function is to announce that fact and dismiss the case — any order entered after jurisdiction ceases is void.

The grant of jurisdiction implies the grant of all powers necessary to its exercise.

Source: 1 Kent, Comm. 339; Dig. 2, 1, 2; Weisman, 66h

(English-origin maxim.) A court that has been granted jurisdiction over a subject matter possesses all incidental powers necessary to exercise that jurisdiction effectively, without needing a separate grant for each power.

Whoever has an ordinary jurisdiction is ordinary of that place.

Source: Co. Litt. 344; Weisman, 66k

(English-origin maxim.) The holder of ordinary jurisdiction over a place is the recognized judicial authority there — cite this to establish which court or officer has inherent jurisdiction over a locale.

Decisions are, as it were, jurisdictions.

Source: Halk. Max. 73; Weisman, 66n

(English-origin maxim.) Judicial decisions effectively define the boundaries and substance of jurisdiction — each decision is an exercise of jurisdictional power and in turn shapes the scope of that power for future cases.

Jurisdiction is the power of a court to apply the law and to enter and enforce judgment.

Source: Jones v. Brinson, (N.C.) 78 S.E.2d 334, 337; Weisman, 66o

(English-origin maxim.) Without jurisdiction — the lawful power to hear, decide, and enforce — a court's proceedings are void ab initio. Challenge jurisdiction at the threshold: demand that the court demonstrate its subject-matter and personal jurisdiction on the record before any further proceedings. Subject-matter jurisdiction can never be presumed or conferred by consent of the parties; personal jurisdiction may be waived but should be challenged at the threshold.