What does a written constitution do that a government cannot?

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): Thomas Paine believed that a written constitution limits the powers of a government and that any government action exceeding those limits would be unconstitutional and potentially treasonous. He argued that a government's authority is derived from a written law, and any commission or action beyond that law would be invalid under the English constitution. [1]
• BELIEF (undated): Thomas Paine believed that a written constitution defines the limits of power and the principles which the legislature is bound to obey, thereby providing a check on abuse of power. [2]
• BELIEF (undated): Thomas Paine believed that a constitution is antecedent to a government and serves as the foundation for organizing it, including principles, powers, and procedures. He argued that a government is only the creature of a constitution and must act in conformity to it, just as a court of judicature acts in conformity to laws. [3]
• BELIEF (undated): Thomas Paine believed that a written constitution serves as a law to the government, preventing it from altering or infringing upon its provisions at its own discretion. This is grounded in his explanation that the constitution was 'to that government a law' and that no article could be altered at the government's discretion. (key quote above) [4]
• BELIEF (undated): Thomas Paine believed that a constitution is not the act of a government, but of a people constituting a government, and that government without a constitution is power without a right. "A constitution is not the act of a government, but of a people constituting a government; and government without a constitution, is power without a right." [5]
• BELIEF (undated): Thomas Paine believed that a written constitution prevents a government from arbitrarily altering itself, which would make it arbitrary and show there is no constitution. He argued that a government on constitutional principles cannot have the right to alter itself because that would leave it to discretionary power. "A government on the principles on which constitutional governments arising out of society are established, cannot have the right of altering itself. If it had, it would be arbitrary." [6]
• BELIEF (undated): Thomas Paine believed that a written constitution provides a peaceful and non-violent method for establishing and improving government, which governments in other nations have not achieved without bloodshed. He argues that written constitutions can be formed and revised by conventions elected for the purpose, without conflict. "America has the high honour and happiness of being the first nation that gave to the world the example of forming written Constitutions by Conventions elected expressly for the purpose, and of improving them by the same procedure, as time and experience shall shew necessary." [7]
• BELIEF (undated): Thomas Paine believed that a written constitution is created by the people to establish and define the powers of a government, whereas a government cannot do this on its own. He argued that a constitution is antecedent to a government and is the act of the people creating the government and setting its limits. (key quote above) [8]
• BELIEF (undated): Thomas Paine believed that a Constitution defines and limits the powers of the Government it creates, and that the governmental exercise of any power not authorized by the Constitution is an assumed power and therefore illegal. (key quote above) [9]
• ACTION (editor's note) (undated; editor's note, not his words): Thomas Paine wrote an article in which he praised a Council of Censors in a state constitution for inspecting public expenditures and holding defaulters accountable. He expressed concern that those hoping to succeed in government were trying to abolish this constitutional article. "There is an article in the constitution of this state, which, were it at this time introduced as a Continental regulation, might be of infinite service; I mean a Council of Censors to inspect into the expenditure of public money and call defaulters to an account." [10]

What cuts against it

• ACTION (editor's note) (undated; editor's note, not his words): Thomas Paine wrote an article praising a Council of Censors in a state constitution for inspecting public expenditures and holding defaulters accountable, but this is an example of a constitutional provision rather than a direct contradiction to his belief about what a constitution does that a government cannot. [10]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Thomas Paine believed that a constitution is created by the people to establish and define the powers of a government, not by the government itself. (key quote above) [8]

2. He argued that a constitution defines and limits the powers of the government it creates, and any governmental exercise of power not authorized by the constitution is an assumed power and therefore illegal. (key quote above) [9]

3. A constitution serves as a law to the government, preventing it from altering or infringing upon its provisions at its own discretion. (key quote above) [4]

4. A constitution is not the act of a government, but of a people constituting a government, and government without a constitution is power without a right. "A constitution is not the act of a government, but of a people constituting a government; and government without a constitution, is power without a right." [5]

5. A written constitution prevents a government from arbitrarily altering itself, which would make it arbitrary and show there is no constitution. "A government on the principles on which constitutional governments arising out of society are established, cannot have the right of altering itself. If it had, it would be arbitrary." [6]

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: Thomas Paine believed that a written constitution defines the powers and limits of a government, establishes its authority, and serves as a legal framework that the government must follow. It is created by the people, not the government, and any governmental action exceeding those limits is unconstitutional and potentially treasonous.

Competing readings: None.

Confidence: High, based on multiple direct statements in his writings about the nature and role of a constitution in relation to government.