CHAPTER XII. THE ORIGIN OF LAW.

 1. The origin of law varies with the character or class of the government under which it is made. Where all authority is concentrated in the hands of one man his will becomes law whenever expressed, or when expressed in some regular and formal way. More generally laws are originated, in our days, in civilized¹ countries where there is a monarchial² government, by the ruler in conjunction with representatives of the people or some classes of them. In point of fact, rulers are always obliged to regard the habits, traditions, and feelings of the people more or less, or they may be obliged by a revolution, or the intrigues³ of the ambitious founded on their discontent, to retire to private life. The real prominence⁴ of the people in their governments is constantly becoming greater in all civilized lands, and it seems highly probable that, before many generations have passed, all governments not founded on an acknowledgment of the Sovereignty of the People will be incapable⁵ of maintaining themselves.

2. In the United States of America the source of all authority, and the origin of all law, is in the people alone. The fact that laws are made by Representatives does not alter the principle at all. They are simply the substitutes or agents of the people. Where there are many people any other than a Representative Democracy is impossible. These are chosen from among their equals, and when their term of office has expired return to the common level. If they are ambitious of more than one term of office they must take special care not to offend the majority that first elected them.

3. The first signal exercise of the law making power by the people was in the adoption⁶ of the Constitution as the Fundamental Law. This established the character of the government, prescribed the duties and limits of the legislative⁷ and executive branches, and organized a third branch to watch over the action of the other two and keep it in harmony with[589] the Constitution. This Instrument then became the source or foundation of all special law. It is a comprehensive statement of the will of the people, but it may be changed or enlarged in a prescribed way. It is binding⁸ on all legislators and executives. Whatever may be enacted⁹ or done by them not in accord with it is null and void; the Supreme¹⁰ Court being bound so to announce when the fact shall be proved before it. The Constitution is the Law of the Land. Any laws enacted by Congress, or by State Legislatures, not contrary to it, are valid¹¹ and binding; but any attempt to set aside any of its provisions, or disregard its true intent, would be usurpation¹² and a violation¹³ of the rights of the people. The term State Sovereignty can, consequently, be true only in a limited and secondary sense, this being a higher Sovereignty still.

4. The larger part of the general laws by which we are governed are made by Congress, that body having been instituted to that special end. It is composed of a popular House, or one chosen directly by the people, and one more select, chosen by the State Legislatures to represent their States as a whole. If the Legislature represents the will of the people of the State accurately¹⁴, as it always does unless some change in popular opinion takes place suddenly after it has been elected, the Senators as well as Representatives will embody¹⁵ the views of the people in their respective States. So we see that the people are Sovereign and law really originates with them. Laws, indeed, may be made by their agents that do not suit them; but, if they cannot induce them to repeal¹⁶ such laws by petition, remonstrance¹⁷, or otherwise, at once, by waiting a little until the terms of such members expire they can replace them by others pledged to carry out their views. Thus the general policy of the government is determined¹⁸ by the people at the general elections. They give the law to the law makers¹⁹, and appoint the executives who will administer them in the spirit they approve. The whole matter is within their control as a point of power, and still more so from the natural deference[590] the Representatives of the people feel toward the wishes of those on whose favor they depend. The deep indignation or contempt of their fellow men will seldom be incurred²⁰, even if they have no ambition for further electoral honors.

5. The treaties made by the President, which require to be ratified²¹ by the Senate to become binding, and the approval of the House of Representatives if money is required to carry them into effect—since only that branch can dispose of the property of the country, or originate laws for raising money—have also the force of general laws. The whole country is bound to act in conformity²² with their provisions. We have, then, three kinds of law, or laws from three different sources that are alike binding on the whole country: the Constitution, which is unchangeable except by vote of the Legislatures or conventions of three-fourths of the States; the laws of Congress, which may be made and repealed²³ at their pleasure; and treaty law, which involves the consent of a foreign State, but requires the assent²⁴ of the President and one or both bodies of Congress, and which may be abrogated²⁵ or modified at the united pleasure of all the parties concerned in making it.

6. There is a fourth species of law more general still and more or less of which is often involved in treaties with foreign governments. This is the Law of Nations, or the principles acknowledged by all civilized nations as binding on them in their intercourse²⁶ with each other. The only binding force it possesses is in the general practice of mankind, and the authority of public opinion. This is commonly effective, since all law depends really on the approval of the people for its efficacy, or at least on their silent submission²⁷ if they disapprove²⁸.

7. In every State in the union the people elect a Legislative body which makes such local laws as the people wish to be governed by, and as their special circumstances require; but they are not permitted to legislate²⁹ on general questions, to make any law contrary to the Constitution, or to the laws of Congress, nor are its laws binding on any but the citizens of the State in which they are made, or such others as may be[591] residing there. Each State has a Constitution which determines the special organization of its government, and limits and defines the powers of its different branches; but it is required to be in harmony with the Constitution of the United States. The Constitution, Legislature and officers of a State are determined by vote of its people.

8. After this examination we reach this conclusion: That there is no institution in the United States that has not been virtually established by the people, its fundamental law was adopted by them of their own free will and may be changed when they see fit; and that if all the laws, of whatever kind, that are binding on them, are not such as they prefer, they are, at least, originally responsible for them, and have in their hands the means of changing them within a reasonably short period. In fact their demand or the zeal³⁰ of their Representatives for their interests usually originates whatever laws are made. The constant general prosperity of the country since the establishment of the present government, the increase of intelligence and self respect among the people, and the beneficial influence exerted by the United States on the world tend to confirm and settle its principles and laws on a permanent foundation.

1 civilized   

a.有教养的，文雅的

参考例句：

• Racism is abhorrent to a civilized society. 文明社会憎恶种族主义。
• rising crime in our so-called civilized societies 在我们所谓文明社会中日益增多的犯罪行为

2 monarchial   

国王的，帝王风度的

参考例句：

• He went to all lengths in opposing the monarchial form of government. 在反抗帝王专制政体斗争中，他不遗余力。

3 intrigues   

n.密谋策划( intrigue的名词复数 )；神秘气氛；引人入胜的复杂情节v.搞阴谋诡计( intrigue的第三人称单数 )；激起…的好奇心

参考例句：

• He was made king as a result of various intrigues. 由于搞了各种各样的阴谋，他当上了国王。 来自《简明英汉词典》
• Those who go in for intrigues and conspiracy are doomed to failure. 搞阴谋诡计的人注定要失败。 来自《现代汉英综合大词典》

4 prominence   

n.突出；显著；杰出；重要

参考例句：

• He came to prominence during the World Cup in Italy.他在意大利的世界杯赛中声名鹊起。
• This young fashion designer is rising to prominence.这位年轻的时装设计师的声望越来越高。

5 incapable   

adj.无能力的，不能做某事的

参考例句：

• He would be incapable of committing such a cruel deed.他不会做出这么残忍的事。
• Computers are incapable of creative thought.计算机不会创造性地思维。

6 adoption   

n.采用，采纳，通过；收养

参考例句：

• An adoption agency had sent the boys to two different families.一个收养机构把他们送给两个不同的家庭。
• The adoption of this policy would relieve them of a tremendous burden.采取这一政策会给他们解除一个巨大的负担。

7 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

8 binding   

有约束力的，有效的，应遵守的

参考例句：

• The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
• Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

9 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

10 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

11 valid   

adj.有确实根据的；有效的；正当的，合法的

参考例句：

• His claim to own the house is valid.他主张对此屋的所有权有效。
• Do you have valid reasons for your absence?你的缺席有正当理由吗？

12 usurpation   

n.篡位；霸占

参考例句：

• The struggle during this transitional stage is to oppose Chiang Kai-shek's usurpation of the fruits of victory in the War of Resistance.过渡阶段的斗争，就是反对蒋介石篡夺抗战胜利果实的斗争。
• This is an unjustified usurpation of my authority.你是在非法纂夺我的权力。

13 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

14 accurately   

adv.准确地，精确地

参考例句：

• It is hard to hit the ball accurately.准确地击中球很难。
• Now scientists can forecast the weather accurately.现在科学家们能准确地预报天气。

15 embody   

vt.具体表达，使具体化；包含，收录

参考例句：

• The latest locomotives embody many new features. 这些最新的机车具有许多新的特色。
• Hemingway's characters plainly embody his own values and view of life.海明威笔下的角色明确反映出他自己的价值观与人生观。

16 repeal   

n.废止，撤消；v.废止，撤消

参考例句：

• He plans to repeal a number of current policies.他计划废除一些当前的政策。
• He has made out a strong case for the repeal of the law.他提出强有力的理由，赞成废除该法令。

17 remonstrance   

n抗议，抱怨

参考例句：

• She had abandoned all attempts at remonstrance with Thomas.她已经放弃了一切劝戒托马斯的尝试。
• Mrs. Peniston was at the moment inaccessible to remonstrance.目前彭尼斯顿太太没功夫听她告状。

18 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

19 makers   

n.制造者，制造商（maker的复数形式）

参考例句：

• The makers of the product assured us that there had been no sacrifice of quality. 这一产品的制造商向我们保证说他们没有牺牲质量。
• The makers are about to launch out a new product. 制造商们马上要生产一种新产品。 来自《简明英汉词典》

20 incurred   

[医]招致的，遭受的； incur的过去式

参考例句：

• She had incurred the wrath of her father by marrying without his consent 她未经父亲同意就结婚，使父亲震怒。
• We will reimburse any expenses incurred. 我们将付还所有相关费用。

21 ratified   

v.批准，签认（合约等）( ratify的过去式和过去分词 )

参考例句：

• The treaty was declared invalid because it had not been ratified. 条约没有得到批准，因此被宣布无效。
• The treaty was ratified by all the member states. 这个条约得到了所有成员国的批准。

22 conformity   

n.一致，遵从，顺从

参考例句：

• Was his action in conformity with the law?他的行动是否合法？
• The plan was made in conformity with his views.计划仍按他的意见制定。

23 repealed   

撤销，废除( repeal的过去式和过去分词 )

参考例句：

• The Labour Party repealed the Act. 工党废除了那项法令。
• The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。

24 assent   

v.批准，认可；n.批准，认可

参考例句：

• I cannot assent to what you ask.我不能应允你的要求。
• The new bill passed by Parliament has received Royal Assent.议会所通过的新方案已获国王批准。

25 abrogated   

废除（法律等）( abrogate的过去式和过去分词 )； 取消； 去掉； 抛开

参考例句：

• The president abrogated an old law. 总统废除了一项旧法令。
• This law has been abrogated. 这项法令今已取消。

26 intercourse   

n.性交；交流，交往，交际

参考例句：

• The magazine becomes a cultural medium of intercourse between the two peoples.该杂志成为两民族间文化交流的媒介。
• There was close intercourse between them.他们过往很密。

27 submission   

n.服从，投降；温顺，谦虚；提出

参考例句：

• The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。
• No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。

28 disapprove   

v.不赞成，不同意，不批准

参考例句：

• I quite disapprove of his behaviour.我很不赞同他的行为。
• She wants to train for the theatre but her parents disapprove.她想训练自己做戏剧演员，但她的父母不赞成。

29 legislate   

vt.制定法律；n.法规，律例；立法

参考例句：

• Therefore,it is very urgent to legislate for the right of privacy.因此，为隐私权立法刻不容缓。
• It's impossible to legislate for every contingency.为每一偶发事件都立法是不可能的。

30 zeal   

n.热心，热情，热忱

参考例句：

• Revolutionary zeal caught them up,and they joined the army.革命热情激励他们，于是他们从军了。
• They worked with great zeal to finish the project.他们热情高涨地工作，以期完成这个项目。