2025 – 001 What is a constitution? by Thomas Paine

Definition of a constitution; By Thomas Paine

Paine,Thomas,1737-1809 A Constitution is a Thing antecedent to Government, and a Government is only the Creature of a Constitution. The Constitution is not the act of its Government, but of the People constituting a Government. It is a Body of Elements to which you can and quote article by article; and which contains the principles upon which the Government shall be established , the manner it shall be organised , the powers it shall have , the Mode of Elections , the Duration of Parliaments , or by what other name such Bodies may be called; the powers which the executive part of the Government shall have ; and , in fine , every thing that relates to the compleat organisation of a civil government , and the principles upon 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 of Judicature. 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

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