Due Process of Law in Relation to Statutory Uncertainty And Constructive Offen
Due Process of Law in Relation to Statutory Uncertainty And Constructive Offen
Theodore Albert Schroeder
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* * * Junius says : Laws are intended, not to trust to what men will do, but to guard against what they may do. Aristotle says, that 'A government where the Laws alone should prevail, would be the kingdom of God. ' This indeed shows that this great phil- osopher had much admiration of such a government : Aris- totle says too, in another place, 'Order is law, and it is more proper that law should govern, than any one of the citizens upon the same principal, if it is advantageous to place the sup...reme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws. ' These two are very just sentiments, but not a formal definition of liberty. Livy, too. Speaks of happy, prosperous, and glorious times, when 'Impcria legum potentiora fuerant quan hominum. ' But he no where says that libertv consists in being subject only to the legum impcrio. Sidney says, 'No sedition was hurtful to Rome, "until through their prosperity, some men gained a power above the laws.
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