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Updated: June 21, 2025
Of course, in a state of society so simple and unchanging there is little need of that constant lawmaking and unmaking deemed so indispensable in free and more civilized communities. Whatever rules of conduct have been longest established and found to meet the necessities of many generations, are by these primitive mountaineers held most sacred.
We stand aloof from the reckless agitators who would make the judges mere pliant tools of popular prejudice and passion; and we stand aloof from those equally unwise partisans of reaction and privilege who deny the proposition that, inasmuch as judges are chosen to serve the interests of the whole people, they should strive to find out what those interests are, and, so far as they conscientiously can, should strive to give effect to popular conviction when deliberately and duly expressed by the lawmaking body.
Among the plainest signs of the times in America is the popular distrust of legislators. The citizens are gradually and surely resuming the lawmaking and money-spending power unwisely delegated in the past to bodies whose custom it is to abuse the trust. "Government" has come to mean a body of representatives with interests as often as not opposed to those of the great mass of electors.
The citizens who assign the lawmaking power to officials surrender in a body their collective sovereignty. That sovereignty is then habitually employed by the lawgivers to their own advantage and to that of a twin governing class, the rich, and to the detriment of the citizenship in general and especially the poor.
Unless there be some special effort of lawmaking before the country, some reform bill to be passed, some attempt at education to be made, some fetters to be forged or to be relaxed, a Prime Minister is not driven hard by the work of his portfolio, as are his colleagues. But many men were in want of many things, and contrived by many means to make their wants known to the Prime Minister.
By a hardy perversion of privilege on the part of the lawmaking power the Bible has perpetual copyright in Great Britain. There is no justification for it in fairness, and no explanation of it except that the Church is strong enough there to have its way, right or wrong. The recent Revised Version enjoys perpetual copyright, too a stronger precedent, even, than the other one.
Hence the creation of a system of checks and limitations designed to keep the rulers within bounds; and among these, first and foremost, the principle of the division of powers, contrived as a means for weakening the state in its relation to the individual, by making it impossible for the state ever to appear, in its dealings with citizens, in the full plenitude of sovereign powers; also the principle of the participation of citizens in the lawmaking power, as a means for securing, in behalf of the individual, a direct check on this, the strongest branch, and an indirect check on the entire government of the state.
In substance it is merely a restoration; for from the earliest time such regulation of industrial activities has been recognized in the action of the lawmaking bodies; and all that I propose is to meet the changed conditions in such manner as will prevent the Commonwealth abdicating the power it has always possessed not only in this country, but also in England before and since this country became a separate Nation.
Jefferson, at that time a law student and naturally much interested in the business of lawmaking, heard the whole of this day's famous debate from the door of communication between the House and the lobby.
The whole executive power remained in the hands of the Governor or his nominees. No one yet conceived it possible that the Assembly should control the Executive Council. The elective Assembly was compelled to share even the lawmaking power with an upper house, the Legislative Council.
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