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The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived.
-James Madison
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The People Are The Only Legitimate Fountain

James Madison
The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived.
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Government People Liberty

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As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory, to recur to the same original authority, not only whenever it may be necessary to enlarge, diminish, or new-model the powers of the government, but also whenever any one of the departments may commit encroachments on the chartered authorities of the others.
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Do not several sorts of rays make vibrations of several bignesses, which according to their bigness excite sensations of several colours, much after the manner that the vibrations of the air, according to their several bignesses excite sensations of several sounds? and particularly do not the most refrangible rays excite the shortest vibrations for making a sensation of deep violet, the least refrangible the largest form making a sensation of deep red, and several intermediate sorts of rays, vibrations of several intermediate bignesses to make sensations of several intemediate colours?
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The [u.s.] constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government.
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Communism is not a political party nor a political plan under the constitution; it is a system of government that is the opposite of our constitutional government, and it would be necessary to destroy our government before communism could be set up in the united states....[communism] even reaches its hand into the sanctity of the family circle itself, disrupting the normal relationship of parent and child, all in a manner unknown and unsanctioned under the constitutional guarantees under which we in america live.
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I see,... and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the states, and the consolidation in itself of all powers, foreign and domestic; and that, too, by constructions which, if legitimate, leave no limits to their power... it is but too evident that the three ruling branches of [the federal government] are in combination to strip their colleagues, the state authorities, of the powers reserved by them, and to exercise themselves all functions foreign and domestic.
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To be true to its constitutional role, the supreme court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists. when judicial activists resort to various inventions and theories to impose their personal views on privacy and liberty, they jeopardize the legitimacy of the judiciary as an institution and undermine the role of the other branches of government.
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