If the majority were allowed to interpret
the compact for themselves, and enforce it according to their own
interpretation, they would, of course, make it authorize them to
do whatever they wish to do.
The theory of free government is that it is formed by the
voluntary contract of the people individually with each other.
This is the theory, (although it is not, as it ought to be, the
fact,) in all the governments in the United States, as also in
the government of England. The theory assumes that each man,
who is a party to the government, and contributes to its support,
has individually and freely consented to it. Otherwise the
government would have no right to tax him for its support,
for taxation without consent is robbery. This theory, then,
necessarily supposes that this government, which is formed by
the free consent of all, has no powers except such as all the
parties to it have individually agreed that it shall have: and
especially that it has no power to pass any laws, except such
as all the parties have agreed that it may pass.
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