The people who depute power are the proper judge of its abuse

Evidence

To this I reply, The people shall be judge; for who shall be judge whether his trustee or deputy acts well, and according to the trust reposed in him, but he who deputes him, and must, by having deputed him, have still a power to discard him, when he fails in his trust? If this be reasonable in particular cases of private men, why should it be otherwise in that of the greatest moment, where the welfare of millions is concerned, and also where the evil, if not prevented, is greater, and the redress very difficult, dear, and dangerous? — John Locke, Second Treatise of Government, 303

Categorization

  • DEFINE: Federalist No. 49 and the whole ‘who judges the judges’ problem in constitutionalism descend from this trust-deputy answer.
  • XREF: The fiduciary theory of office here maps directly onto how American constitutional review frames judicial authority as delegated trust. — connects to: Government’s end is human good, not rulers’ will — John Locke, Second Treatise of Government, 286; Oppressed people will rebel regardless of rulers’ divine claims — John Locke, Second Treatise of Government, 281; Forfeited or expired legislative power reverts to the people to remake government — John Locke, Second Treatise of Government, 306 (+2 more)
  • recurring: this claim recurs 2 times within its source

Broader Connections