Government Power

The law makes the government, not the government the law.

Lex facit regem, non rex legem.

Source: Bracton; Fleta, lib. 1, c. 17; C.L.M.; Weisman, 51b

Government derives its existence from law — it cannot place itself above the law that created it.

All political power is inherent in the People by decree of God; none can exist except it be derived from them.

Omnis potestas a Deo est; nulla nisi a Deo ordinata.

Source: American constitutional maxim; cf. Romans 13:1; Va. Declaration of Rights §2 (1776); Weisman, 51o

Sovereignty resides in the People, not in the government. Every exercise of government power must trace back to a grant from the People.

The welfare of the People is the supreme law.

Salus populi est suprema lex.

Source: Bacon, Max. reg. 12; 13 Co. 139; Broom, Max. 1; Weisman, 71j

The object of government is the protection and preservation of the rights of the People — not its own power or convenience.

No free man shall be taken or imprisoned, or disseised, or outlawed, or exiled, or in any way destroyed; nor shall we go upon him, nor send upon him, except by the lawful judgment of his peers or by the law of the land.

Nullus liber homo capiatur vel imprisonetur, aut disseisiatur, aut utlagetur, aut exuletur, aut aliquo modo destruatur; nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae.

Source: Magna Carta, c. 29 (1215); 2 Inst. 45; Broom, Max. 76

The foundational restraint on all government power over the person. Due process of law — not legislative will — is the only lawful mechanism.

The king ought not to be under any man, but under God and under the law, for the law makes the king.

Rex non debet esse sub homine sed sub Deo et lege, quia lex facit regem.

Source: Bracton, lib. 1, c. 5; 12 Co. 65

Government authority is bounded above by God and below by law — it is never above either. This is the constitutional bedrock: government officers are servants of the law, not masters of the People.

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.