All others lay claim to power limited only by their own
will. The majority of our citizens, on the contrary, possess a
sovereignty with an amount of power precisely equal to that which has
been granted to them by the parties to the national compact, and nothing
beyond. We admit of no government by divine right, believing that so far
as power is concerned the Beneficent Creator has made no distinction
amongst men; that all are upon an equality, and that the only legitimate
right to govern is an express grant of power from the governed. The
Constitution of the United States is the instrument containing this
grant of power to the several departments composing the Government. On
an examination of that instrument it will be found to contain
declarations of power granted and of power withheld. The latter is also
susceptible of division into power which the majority had the right to
grant, but which they did not think proper to intrust to their agents,
and that which they could not have granted, not being possessed by
themselves. In other words, there are certain rights possessed by each
individual American citizen which in his compact with the others he has
never surrendered.
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