No one can do indirectly what he cannot do directly.

Explanation

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.

Where this applies

• The government cannot ban homeschooling directly so it requires permits that are impossible to obtain.
• A city cannot outlaw a business directly so it zones it out of existence.

See also

• 2.2.2 The derivative power cannot be greater than the original from which it is derived.
• 5.1.9 No one gives what he does not have.