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NeCede's

Maxim 2.1.31

The king can do no wrong.

Rex non potest peccare.

Source: Jenk. Cent. 9; 2 Roll. R. 304; Broom, Max. 52 Difficulty 3/5 — Intermediate

Explanation

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.

Where this applies

  • A government official claims immunity for ordering an unconstitutional search, but the court holds that in America the People are sovereign and no officer is above the law.
  • A federal agent argues that his badge entitles him to act without constitutional restraint, and the court responds that there is no king in America — the People's sovereignty means officials must demonstrate their lawful authority.
  • A state governor claims absolute executive privilege to withhold documents from a court, but the court rules that American sovereignty rests with the People, and no official enjoys the royal prerogative of being beyond legal accountability.

Legal domains

See also

Cite this maxim

NeCede Max. 2.1.31 — The king can do no wrong. — Jenk. Cent. 9; 2 Roll. R. 304; Broom, Max. 52 (Rex non potest peccare.)

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