But if you expel, not upon legal, but upon arbitrary, that is, upon discretionary grounds, and the incapacity is ex vi termini and inclusively comprehended in the expulsion, is not the incapacity voted in the expulsion?
Edmund Burke: “But if you expel, not upon legal, but upon arbitrary, that is, upon discretionary grounds, and the incapacity is ex vi…”
Editor's note · Context
Burke questions the legitimacy of arbitrary expulsions and their implications for incapacity.
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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.
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.
They come from one who has been no tool of power, no flatterer of greatness, and who in his last acts does not wish to belie the tenor of his life.
They will become flatterers instead of legislators,--the instruments, not the guides of the people.





