As a mathematical object, the constitution is maximally simple, consistent, necessarily incomplete, and interpretable as a model of natural law. Political authority is allocated solely to serve the constitution. There are no authorities which are not overseen, within nonlinear structures. Constitutional language is formally constructed to eliminate all ambiguity and to be processed algorithmically. Democratic elements, along with official discretion, and legal judgment, is incorporated reluctantly, minimized in principle, and gradually eliminated through incremental formal improvement. Argument defers to mathematical expertise. Politics is a disease that the constitution is designed to cure.
Nick LandRelated topics
ambiguity argument authorities authority constitutional cure democratic discretion disease formal improvement judgment language law model natural politics serve simple expertiseRelated quotes
This they do in the service of an imaginary science; and, like the astrologers and soothsayers whom they have succeeded, cast up their eyes to the clouds, and speak in immense, unsubstantiated images and similes, in deeply misleading metaphors and allegories, and make use of hypnotic formulae with little regard for experience, or rational argument, or tests of proven reliability. Thereby they throw dust in their own eyes as well as in ours, obstruct our vision of the real world, and further confuse an already sufficiently bewildered public about the relations of morality to politics, and about the nature and methods of the natural sciences and historical studies alike.
Isaiah Berlin
[The] Bank of the United States... is one of the most deadly hostility existing, against the principles and form of our Constitution... An institution like this, penetrating by its branches every part of the Union, acting by command and in phalanx, may, in a critical moment, upset the government. I deem no government safe which is under the vassalage of any self-constituted authorities, or any other authority than that of the nation, or its regular functionaries. What an obstruction could not this bank of the United States, with all its branch banks, be in time of war! It might dictate to us the peace we should accept, or withdraw its aids. Ought we then to give further growth to an institution so powerful, so hostile?
Thomas Jefferson
I am not able to understand how it can be correctly said in a legal sense, that an action will not lie even in the case of a wrong or a violation of a right, unless it is followed by some perceptible damage which can be established as a matter of fact; in other words, that injuria sine damno is not actionable. On the contrary, from my earliest reading I have considered it laid up among the very elements of the common law, that wherever there is a wrong there is a remedy to redress it; and that every injury imports damage in the nature of it; and if no other damage is established, the party injured is entitled to a verdict for nominal damages.
Joseph Story
Democratic and aristocratic states are not in their own nature free. Political liberty is to be found only in moderate governments; and even in these it is not always found. It is there only when there is no abuse of power. But constant experience shows us that every man who has power is inclined to abuse it; he goes until he finds limits. Is it not strange, though true, to say that virtue itself has need of limits?.
To prevent this abuse, it is necessary that, by the arrangement of things, power shall stop power. A government may be so constituted, as no man shall be compelled to do things to which the law does not oblige him, nor forced to abstain from things which the law permits.
Montesquieu
That dualism of the Church and the Chapel taken together has been one of the most potent influences in the life of our country. The one fostering, perhaps, more than the other, the respect for authority and tradition and the sense of historical continuity; the other laying its main emphasis on individual obedience to eternal law. They both have defects of their qualities, but they have both been, and are, and will be great social forces with great political consequences. Both at their best penetrate life with serious purpose, and are in constant war with that spirit of secularism which finds its paradise in idleness and frivolity, with which no country can ever prosper.
Stanley Baldwin