Constitutional Rights

Liberty is the natural power of doing whatever one pleases, except that which is restrained by law or force.

Libertas est naturalis facultas ejus quod cuique facere libet, nisi quod de jure aut vi prohibetur.

Source: Co. Litt. 116; Dig. 1, 5, 4; Inst. 1, 3, 1; Weisman, 47b

The default state of every person is liberty. Restriction is the exception, requiring lawful authority.

All laws cry out in favor of liberty.

In favorem libertatis, omnia jura clamant.

Source: Dig. 50, 17, 122

When a law is ambiguous as to whether it restricts liberty, it must be construed as not restricting it.

He is to be judged impious and cruel who does not favor liberty.

Impius et crudelis judicandus est qui libertati non favet.

Source: Co. Litt. 124; Weisman, 47f

A judge, officer, or legislator who construes law against liberty acts against the very purpose of his office.

The laws of nature are immutable.

Jura naturae sunt immutabilia.

Source: Branch, Princ.; Bacon, Aph.; Weisman, 74c

Natural rights do not change with the times, with legislation, or with judicial doctrine. What was a right at the founding remains a right today.

Natural liberty is the power of acting as one thinks fit, without any restraint or control, unless by the law of nature.

Libertas naturalis est potestas agendi ut quis velit, absque ullo impedimento vel coactione, nisi lege naturae.

Source: 1 Bl. Comm. 125; Weisman, 47h

The only inherent restraint on natural liberty is the law of nature itself — not legislative enactment, not executive decree, not judicial construction.

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

Rights existed before government was instituted. Government was created to secure rights, not to grant them. What preceded government cannot be taken by government.

What is mine cannot be taken away without my consent.

Quod meum est sine me auferri non potest.

Source: Bouvier, Max.

Property is a natural right — no government, corporation, or individual may deprive a man of what is his except by his own voluntary act or by due process of law.