Can a constitution put limits on a government?

On the Mark

american-billofrights

John C. Calhoun, was one of North America’s first political theorists and he wrote about the inability of a constitution to limit government. He points out that no document, not even if written on a hallowed piece of parchment, has the inherent power to bind officials to read it correctly or follow its strictures. As time goes on it gets even weaker in this ability as language changes and governments build up their power.

In his A Disquisition on Government, Calhoun explains the problem:

A written constitution certainly has many and considerable advantages, but it is a great mistake to suppose that the mere insertion of provisions to restrict and limit the powers of the government, without investing those for whose protection they are inserted with the means of enforcing their observance, will be sufficient to prevent the major and dominant party from abusing its powers. Being the party…

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About Louis William Rose

“I am an advocate for Liberty. What I do for Liberty I do not do for profit or fame. I seek no office other than the office of parliamentarian, and no reward other than for myself and my fellow men and women to live in a free country.” Louis William Rose is a lifelong student of parliamentary procedure and political process. He has served as parliamentarian for various organizations. A political philosopher, poet, singer, and writer, his articles have been published on-line and in pro-liberty papers in Florida, Kentucky, Georgia, and Montana. He holds a bachelor’s degree in Political Science from the University of North Florida, graduating summa cum laude in 2004, with an additional two years of graduate work in political philosophy. Mr. Rose is an outspoken supporter of the basic rights of man, especially freedom of speech, association, religion, individual rights to personal defense and property, and of republican, constitutional forms of government. He is married to the lovely Jamy Sue Rose, an award winning nature photographer and a Florida Master Naturalist and guide. He has two sons, Edward, a hydroponic farmer in the panhandle of Florida, and Alexander, a successful real estate developer.
This entry was posted in Essays, Philosophy of Law, Political Theory, Politics. Bookmark the permalink.

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