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The Grccn Bag.
temporary harmony and were perhaps the | a superior but rather by the agreement of best that could be had in the then condition equals. It is simply a contract between the of the world, were not good law because members of a society or the citizens of a they were not agreements between all the nation, which contract each agrees to abide people. They were too often made in the by and sustain — there is here no dictation interests of a few, hence were unjust. They of a superior to an inferior. It is in the were not restrictions imposed upon all the first instance an agreement, and any law or people by the mutual agreement of all the restriction which is other than an agreement people. So, as a natural consequence, as the between all citizens for the good of the na people came to understand government and tion is not good law as we understand it at to appreciate that these restrictions were the present day. one-sided and unjust, they demanded that Law, then, we define as a rule of action restrictions should not be made by one class, imposed by the mutual agreement of the but should be made by the agreement of all governed. This view is substantiated by the who were to be affected by the restrictions. first clause of all laws enacted in the United They concluded that restrictions were good States. The United States Congress enacts law only when made in the interest of all laws by beginning: "Be it enacted by the the people, so they established a new system, people of the United States in Congress such as we have in America, where laws assembled." are made by the agreement of all citizens, The States enact laws beginning, " Be it through their representatives. By our sys enacted by the people of the State of tem every citizen agrees to the laws or re represented in the General Assembly." strictions passed by the representative body. The city enacts laws beginning, " Be it He agrees that he will abide by the decision ordained by the City Council of the city of the majority, believing that such decision of ." will be in the interest of all the people. The Constitution of the United States in Every naturalized citizen must agree to its preamble reads, that " We, the people, in the original constitution and existing laws. order to form a more perfect union, estab Every citizen has a voice in making restric lish justice, insure domestic tranquillity, pro tions, hence they ought to be good laws and vide for the common defense, promote the not one-sided, if the people are not negli general welfare and secure the blessings of gent. Hence we may conclude that the liberty to ourselves and our posterity, do' representative form of government is the ordain and. establish this Constitution for only form by means of which just laws or the United States of America." restrictions may be imposed upon those Thus the enactment of every law in the who agree to follow such restrictions in United States bears upon its face the evi order to have harmony in the state. dence that it is an agreement between those We desire to draw from this that all right upon whom it is imposed and not a restric law is an agreement between all citizens to tion imposed by a superior upon an inferior. adhere to certain restrictions upon their Let us now briefly consider the fact that natural liberty in order that peace may every law is a restriction upon the natural prevail and civilization be made possible, liberty. The restriction may be imposed in and not that law is " rule of action imposed one of two ways. by a superior power upon an inferior power." ist, By stating "Thou shall not do so," We assert that this is a definition of unjust or direct restriction. - 2d, By stating "Thdfu shaltdo so," by which law as it existed under monarchical govern ment, and that right law is not imposed by i is meant " do not act in some other way."
