What are the limits of the legislative power?

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated): John Locke believed that the legislative power must not raise taxes on the property of the people without the consent of the people, given by themselves or their deputies. He also believed that the legislative power must not transfer the power of making laws to any other body or place it anywhere but where the people have determined. (key quote above) [1]
• BELIEF (undated): John Locke believed that the legislative power must not act contrary to the trust reposed in it, particularly by invading the property of the subject. The reason he gives is that the purpose of entering into society and authorizing a legislative is to preserve property and limit power to protect the lives, liberties, and fortunes of the people. (key quote above) [2]
• BELIEF (undated): John Locke believed that the legislative power has limits, particularly that it cannot infringe upon the natural rights of individuals, such as life, liberty, and property. This is grounded in his argument that the purpose of government is to protect these rights, and any law that violates them would contradict the very reason for establishing political society. "Of the extent of the legislative power" [3]
• BELIEF (undated): John Locke argues that the legislative power should not use force to cure aversion to true religion, as it is not a proper remedy and the magistrate is not a competent judge of who needs such a cure. He believes that outward conformity to the true religion or any national church does not require force, and that the magistrate should not use force under the pretence of usefulness or necessity. "it is still not only as, but more reasonable for the magistrate, upon pretence of its usefulness or necessity, to cut any one for the stone without his own consent, than to use force your way to cure him of aversion to the true religion." [4]
• BELIEF (undated): John Locke believed that legislative power must not be able to annul laws at pleasure, and that there must be a standing supreme, executive power to mitigate or suspend the execution of any penal law in the intervals of the legislative power. This belief is grounded in his argument that without such a power, laws would be ineffective, and without a power to dispense upon occasion, the constitution would be imperfect and impracticable. (key quote above) [5]
• ACTION (editor's note) (undated; editor's note, not his words): The editor's note references John Locke's views on the limits of legislative power, stating that for any prince or potentate to exercise the power of making laws without express commission from God or authority derived from the consent of the people is mere tyranny. The note also emphasizes that human laws are only valid by consent. "The lawful power of making laws to command whole politic societies of men, belonging so properly unto the same entire societies, that for any prince or potentate of what kind soever upon earth, to exercise the same of himself, and not by express commission immediately and personally received from God, or else by authority derived at the first from their consent, upon whose persons they impose laws; it is no better than mere tyranny." [6]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [4], [6].

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

1. John Locke believed that the legislative power must not raise taxes on the property of the people without the consent of the people, given by themselves or their deputies. This is a clear limit on the legislative power in the context of taxation.

2. He also believed that the legislative power must not transfer the power of making laws to any other body or place it anywhere but where the people have determined. This indicates that the legislative power must be exercised by the people or their representatives.

3. Locke argued that the legislative power must not act contrary to the trust reposed in it, particularly by invading the property of the subject. This is grounded in the idea that the purpose of entering into society and authorizing a legislative is to preserve property and limit power to protect the lives, liberties, and fortunes of the people.

4. He believed that the legislative power has limits, particularly that it cannot infringe upon the natural rights of individuals, such as life, liberty, and property. This is grounded in his argument that the purpose of government is to protect these rights, and any law that violates them would contradict the very reason for establishing political society.

5. Locke believed that the legislative power must not be able to annul laws at pleasure, and that there must be a standing supreme, executive power to mitigate or suspend the execution of any penal law in the intervals of the legislative power. This belief is grounded in his argument that without such a power, laws would be ineffective, and without a power to dispense upon occasion, the constitution would be imperfect and impracticable. (Inference)

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: John Locke addressed the limits of the legislative power directly in his writings. He emphasized that the legislative power must not raise taxes on the property of the people without the consent of the people, given by themselves or their deputies. He also believed that the legislative power must not transfer the power of making laws to any other body or place it anywhere but where the people have determined. Locke argued that the legislative power must not act contrary to the trust reposed in it, particularly by invading the property of the subject. He believed that the legislative power has limits, particularly that it cannot infringe upon the natural rights of individuals, such as life, liberty, and property. Locke also believed that the legislative power must not be able to annul laws at pleasure, and that there must be a standing supreme, executive power to mitigate or suspend the execution of any penal law in the intervals of the legislative power.

Competing readings: There is a competing reading that suggests Locke believed in a broader executive role that could potentially conflict with the principle of legislative limits. This is based on his belief that there must be a standing supreme, executive power to mitigate or suspend the execution of any penal law in the intervals of the legislative power. However, this reading is an inference and not directly supported by the record.

Confidence: High, as the record directly supports the stated beliefs and actions of John Locke regarding the limits of the legislative power.