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NeCede's

Maxim 6.8.5

Whose it is to institute, his it is also to abrogate.

Cujus est instituere, ejus est abrogare.

Source: Broom, Max. 785; Wing. Max.; Weisman, 7k; Weisman, 77e Difficulty 1/5 — Foundational

Explanation

The power to create includes the power to destroy. The People who established the constitution and government retain the exclusive power to alter or abolish both — no creature of the constitution can claim that power for itself.

Where this applies

  • The people established the government — can the government prevent the people from changing it?
  • Congress created an agency — can that agency stop Congress from shutting it down?

Legal domains

See also

Cite this maxim

NeCede Max. 6.8.5 — Whose it is to institute, his it is also to abrogate. — Broom, Max. 785; Wing. Max.; Weisman, 7k; Weisman, 77e (Cujus est instituere, ejus est abrogare.)

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