[The Writings of Thomas Paine<br> Volume II by Thomas Paine]@TWC D-Link book
The Writings of Thomas Paine
Volume II

CHAPTER IV
12/34

The laws which are enacted by governments, control men only as individuals, but the nation, through its constitution, controls the whole government, and has a natural ability to do so.

The final controlling power, therefore, and the original constituting power, are one and the same power.
Dr.Johnson could not have advanced such a position in any country where there was a constitution; and he is himself an evidence that no such thing as a constitution exists in England.

But it may be put as a question, not improper to be investigated, that if a constitution does not exist, how came the idea of its existence so generally established?
In order to decide this question, it is necessary to consider a constitution in both its cases:--First, as creating a government and giving it powers.

Secondly, as regulating and restraining the powers so given.
If we begin with William of Normandy, we find that the government of England was originally a tyranny, founded on an invasion and conquest of the country.

This being admitted, it will then appear, that the exertion of the nation, at different periods, to abate that tyranny, and render it less intolerable, has been credited for a constitution.
Magna Charta, as it was called (it is now like an almanack of the same date), was no more than compelling the government to renounce a part of its assumptions.


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