Abuse of Power

Power ought to follow justice, not precede it.

Potentia debet sequi justitiam, non antecedere.

Source: Bouvier, Max.; Weisman, 11n

Justice determines the rule; power enforces it — when power acts first and seeks justification after, the result is tyranny, not government.

When anything is commanded, everything by which it can be accomplished is also commanded.

Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud.

Source: 5 Co. 116; Weisman, 11g

A grant of authority includes the means necessary to exercise it — but no more. The grant must exist before the means can be implied.

The corruption of the best is the worst.

Corruptio optimi pessima.

Source: Black's, 2d. 277; Weisman, 25d

When those entrusted with the highest offices and duties become corrupt, the resulting injury to the public trust is the most severe.

Corruption is always the forerunner of despotism.

Corruptio est semper praecursor despotismi.

Source: Meguire v. Corwine, 101 U.S. 108, 111-12; Weisman, 25f

Where public officers engage in corrupt practices, tyranny inevitably follows — corruption in government is not an isolated vice but the gateway to the loss of all liberty.

Extortion is a crime when, under color of office, one takes what is not due, or more than is due, or before the time when it is due.

Extortio est crimen quando quis colore officii extorquet quod non est debitum, vel supra debitum, vel ante tempus quod est debitum.

Source: 10 Coke, 102; Weisman, 26q

A public officer who uses his position to exact anything beyond what is lawfully owed commits the specific crime of extortion — color of office magnifies, not excuses, the wrong.

A judge who exceeds his office is not to be obeyed.

Judex qui excedit officium suum non obeditur.

Source: Jenk. Cent. 139, case 84; Weisman, 63z

Obedience to judicial authority depends on the judge acting within the bounds of his lawful commission — beyond those bounds, his commands carry no force of law.

He who exercises jurisdiction beyond his proper limits cannot be obeyed with safety.

Qui extra jurisdictionem suam judicat, tuto non paretur.

Source: Dig. 2, 1, 20; 10 Co. 77; Story, Confl. Laws §539

Obedience to a court acting outside its jurisdiction is not merely optional — it is affirmatively dangerous, because the proceedings are void and any act taken in reliance on them is without legal protection.