Maxim 2.4.3
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
Difficulty 2/5 — Approachable
Explanation
Rights existed before government was instituted. Government was created to secure rights, not to grant them. What preceded government cannot be taken by government.
Where this applies
- The government claims it created your rights through the constitution.
- Someone argues that rights come from government rather than existing before government.
Legal domains
See also
Cite this maxim
NeCede Max. 2.4.3 — Individual liberties are antecedent to all government. — American constitutional maxim; Declaration of Independence (1776); state bills of rights; Weisman, 51i (Libertates individuales sunt ante omnem gubernationem.)
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