The court of judicature does not make the 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: “The court of judicature does not make the laws, neither can it alter them; it only acts in conformity to the laws made…”
Editor's note · Context
Expanding on an analogy in "Rights of Man," Paine explains how government is bound by the constitution, just as a court is bound by laws.
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In those which proceed from the former cause, the temper becomes incensed and soured; and the redress, obtained by danger, is too often sullied by revenge.
When men unite in agreeing that a thing is good, could it be obtained, such for instance as relief from a burden of taxes and the extinction of corruption, the object is more than half accomplished.
If, therefore, the good to be obtained be worthy of a passive, rational, and costless revolution, it would be bad policy to prefer waiting for a calamity that should force a violent one.
I do not believe that any two men, on what are called doctrinal points, think alike who think at all.