Oct 22, 2010

Thomas Paine Quote on Constitution

Thomas Paine has many words worth quoting. This quote is one of the best single block quotes. It is his first description of a constitution. I have divided the quote into pieces because each point is worth noting.

"A constitution is not a thing in name only, but in fact. It has not an ideal, but a real existence; and wherever it cannot be produced, there is none."

"A constitution is a thing antecedent to a government, and a government is only the creature of the constitution."

"The constitution of a country is not the act of its government, but is the act of the people constituting a government."

"The constitution is the body of elements, to which you can refer, and quote article by article; and contains the principles on which the government shall be established, the form in which it shall be organized, the powers it shall have, the mode of elections, the duration of parliaments (or by whatever name such bodies may be called); the powers which the executive part of the government shall have; and, in detail, everything that relates to the complete organization of a civil government, and the principle on which it shall act, and by which it shall be bound."

"A constitution, therefore, is to a government what the laws made afterwards by that government are to a court. The court does not make laws, neither can it alter them; it only acts in conformity to the laws made; and the government is in like manner governed by the constitution."

Thomas Paine, "Rights of Man" 1792

Constitution fundamentals - What is a Constitution

The following describes the basics of a constitution. The points listed here apply to the US Constitution, all State Constitutions, and all city charters.

All of these points come from Thomas Paine. I have merely tried to summarize his concepts.

1. A Constitution is first and foremost a contract.

2. A Constitution is an agreement between the people and themselves.

3. A Constitution is the creation of a new government.

4. A Constitution describes the organizational structure of the government.

5. A Constitution limits the powers of the government.

6. A Constitution protects the rights of the people.

7. A Constitution is approved by the people.

8. A Constitution must have a method of being Amended.

9. No body of the government can itself change a constitution.

10. The people are the final authority on what is or is not Constitutional.

11. All constitutions should have a statement of rights.

12. All constitutions should have a statement of responsibilities.

Oct 21, 2010

First posting

This is my first posting on this blog. Although I have written many articles, books, and other materials, this will be my first time at posting material on a dedicated blog.