Principle of Limited Consent
by
Stephen l. Corrigan
All Copyrights Reserved

Our founder's used Blackstone's Commentary on Law when defining many of the principles used in forming this nation. The following is taken from his commentary:

SECTION THE SECOND
Vol. 1
OF THE NATURE OF LAWS IN GENERAL

"LAW, in it's most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate of inanimate, rational or irrational. … And it is that rule of action, which is prescribed by some superior, and which the inferior is bound to obey."

Simply stated, law is said to exist when a rule of action is prescribed by a superior in which the inferior is bound to obey. Our founders believed that God had created all men equal in authority. They believed that He did not create masters or slaves. They, however, also believed in the rule of law to establish and maintain order.  The following will explain how they used a principle of limited consent to establish a foundation for law in America.
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When one signs a Power of Attorney document with no restrictions, he is placing his right to make his own legal decisions into the hands of another, thus placing his right to exercise his right of conscience concerning legal matters in jeopardy.  He gives up his right as superior and becomes the inferior. He is bond by law to obey all conduct specified by his superior and to fulfill any and all obligations or contracts entered into by his representative concerning him.

However, when one signs a Power of Attorney document in which he has listed within that document one or more  specific actions and the areas in which those actions are to be carried out by his representative, that document becomes law for his representative. It meets the definition of law because it specifies the required conduct to be carried out under the limited authority given to the representative. The representative upon receiving his limited power or authority is obligated to follow the terms and conditions associated with that power which represents the will of his superior, the signer. The representative does not have the right to construe or expand his power or authority and apply it to other areas.

Example, one who is given the limited power to act as a representative for another in order to obtain a license for him for his car does not also have the power to sell his car.

 By listing the specified areas in which he is giving his consent, his consent is said to be limited and thus limits the power of his representative.  His superiority is not in jeopardy and he is not required to fulfill any obligations and contracts that are made by his representative that are not in pursuance thereof of the specified areas specified by him.   

Shortly after the U.S. Constitution was ratified, Congress adopted a commentary on Blackstone's Commentary on Law. It was written by ST. George Tucker, a Professor of Law in the University of William and Mary, and one of the judges in the General Court of Virgina. He was also a very a close friend of Thomas Jefferson.

The following is a portion of a comment by Tucker referring to Blackstone's Commentary on Law:


"For the Constitution is a law to the Government, 'which derives its just powers therefrom, as from the consent of the governed, for whose benefit that power is entrusted, and by whom, whenever it is abused, or exceeded, it may be revoked, and a new government instituted.' See the American Declaration of Independence, July 1776."

Let us see why Tucker makes this statement. In Article I, Section I of the U.S. Constitution, it states the following:
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.".
It does not say all legislative power (singular) shall be vested, which would imply unlimited consent. It states "All legislative Powers (plural) herein granted" implies a limited list of Powers that are to be specified in the remaining paragraphs of this document (the Constitution).


After the list of powers or rights to carry out specified conduct (the making of law) within specified areas is listed within the Constitution, the following clause appears again referring to the supremacy of only those laws that fall within the areas outlined by the People.

Article. VI.

Clause 2: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;"


It clearly states that the Laws… "made in Pursuance thereof (the list of powers or rights just mentioned in the Constitution)…shall be the supreme Law of the Land." That means their powers are limited to the areas specified by the People of the United of States. It is called limited consent. They (the People) had decided before hand to give Congress only those powers that they had not retained for themselves or had already given to the free States.

The interpretation of the enumeration of certain rights of power given to Congress is clearly restrained by law in Articles 9&10 of "The Bill of Rights".


ARTICLE [IX.]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE [X.]
The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to States respectively, or to the people.

Finally, Alexander Hamilton explains in Letter #33 of "The Federalists Papers" the limits of power in every level of government and how constitutions are used as law to limit the rights of power given to all politicians in America.  To see an illustration of this principle that is described by Hamilton in Letter #33, please go to
http://americanruleoflaw.com/page13.html

The founders fought the Revolutionary War because they were taxed without their consent and not because they did not have representation. (See "The Declaration of Independence").


                                                         
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