If you have not a power of declaring an incapacity simply by the mere act of declaring it, it is evident to the most ordinary reason you cannot have a right of expulsion, inferring, or rather including, an incapacity.
Burke discusses the implications of declaring incapacity in a legal context, emphasizing the importance of authority in such declarations.
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I think our happy situation owing to our Constitution,--but owing to the whole of it, and not to any part singly,--owing in a great measure to what we have left standing in our several reviews and reformations, as well as to what we have…
Not being illuminated with the light of which the gentlemen of France tell us they have got so abundant a share, they acted under a strong impression of the ignorance and fallibility of mankind.
Whatever they are, I wish my countrymen rather to recommend to our neighbors the example of the British Constitution than to take models from them for the improvement of our own.
If any of them should happen to propose a scheme of liberty soberly limited, and defined with proper qualifications, he will be immediately outbid by his competitors, who will produce something more splendidly popular.
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