[The Fathers of the Constitution by Max Farrand]@TWC D-Link bookThe Fathers of the Constitution CHAPTER III 7/16
That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services. "The body politic is formed by a voluntary association of individuals; it is a social compact by which the whole people covenants with each citizen and each citizen with the whole people that all shall be governed by certain laws for the common good. "That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised. "That general warrants,...
are grievous and oppressive, and ought not to be granted. "All penalties ought to be proportioned to the nature of the offence. "That sanguinary laws ought to be avoided, as far as is consistent with the safety of the State; and no law, to inflict cruel and unusual pains and penalties, ought to be made in any case, or at any time hereafter. "No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines.... "Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; ... "That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments." It will be perceived at once that these are but variations of the English Declaration of Rights of 1689, which indeed was consciously followed as a model; and yet there is a world-wide difference between the English model and these American copies.
The earlier document enunciated the rights of English subjects, the recent infringement of which made it desirable that they should be reasserted in convincing form.
The American documents asserted rights which the colonists generally had enjoyed and which they declared to be "governing principles for all peoples in all future times." But the greater significance of these State Constitutions is to be found in their quality as working instruments of government.
There was indeed little difference between the old colonial and the new State Governments.
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