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NeCede's

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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