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revolutionary times； there is no lack of either class。 Flung out by
handfuls； the dogma of popular sovereignty falls like a seed
scattered around； to end up vegetating in heated brains； in the
narrow and rash minds which； once possessed by an idea； adhere to it
and are mastered by it。 It falls amongst a class of reasoners who；
starting from a principle； dash forward like a horse who has had
blinders put on。 This is especially the case with the legal class；
whose profession accustoms them to deductions； nor less with the
village attorney； the unfrocked monk； the 〃intruding〃 and
excommunicated curé； and above all； the journalist and the local
orator； who； for the first time in his life； finds that he has an
audience； applause； influence and a future before him。 These are
the only people who can do the complicated and constant work which
the new Constitution calls for； for they are the only men whose
desires are unlimited； whose dreams are coherent； whose doctrine is
explicit； whose enthusiasm is contagious； who cherish no scruples；
and whose presumption is unbounded。 Thus has the rigid will been
wrought and tempered within them； the inward spring of energy which；
being daily more tightly wound up； urges them on to propaganda and
to action。 … During the second half of the year 1790 we see them
everywhere following the example of the Paris Jacobins； styling
themselves friends of the Constitution； and grouping themselves
together in popular associations。 Each town and village gives birth
to a club of patriots who regularly every evening； or several times
a week； meet 〃for the purpose of co…operating for the safety of the
commonwealth。〃＇34＇ This is a new and spontaneous organ；＇35＇ an
cancer and a parasite； which develops itself in the social body
alongside of its legal organizations。 Its growth insensibly
increases； attracting to itself the substance of the others；
employing them for its own ends； substituting itself for them；
acting by and for itself alone； a sort of omnivorous outgrowth the
encroachment of which is irresistible； not only because
circumstances and the working of the Constitution nourish it； but
also because its germ； deposited at a great depth； is a living
portion of the Constitution itself。
For； placed at the head of the Constitution； as well as of the
decrees which are attached to it； stands the Declaration of the
Rights of Man。 According to this； and by the avowal of the
legislators themselves； there are two parts to be distinguished in
the law； the one superior； eternal； inviolable； which is the self…
evident principle； and the other inferior； temporary； and open to
discussion； which comprehends more or less exact or erroneous
applications of this principle。 No application of the law is valid
if it derogates from the principle。 No institution or authority is
entitled to obedience if it is opposed to the rights which it aims
to guarantee。 These sacred rights； anterior to all society； take
precedence of every social convention； and whenever we would know if
a legal order is legitimate； we have merely to ascertain if it is in
conformity with natural right。 Let us； accordingly； in every
doubtful or difficult case； refer to this philosophic gospel； to
this incontestable catechism； this primordial creed proclaimed by
the National Assembly。 … The National Assembly itself invites us to
do so。 For it announces that
〃ignorance； neglect； or contempt of the rights of man are the sole
causes
of public misfortune； and of the corruption of governments。〃
It declares that
〃the object of every political association is the preservation of
natural and
imprescriptible rights。〃
It enumerates them； 〃in order that the acts of legislative power and
the acts of executive power may at once be compared with the purpose
of every political institution。〃 It desires 〃that every member of
the social body should have its declaration constantly in mind。〃 …
Thus we are told to control all acts of application by the
principle； and also we are provided with the rule by which we may
and should accord； measure； or even refuse our submission to；
deference for； and toleration of established institutions and legal
authority。
What are these superior rights； and； in case of dispute； who will
decide as arbitrator？ … There is nothing here like the precise
declarations of the American Constitution；＇36＇ those positive
prescriptions which serve to sustain a judicial appeal； those
express prohibitions which prevent beforehand certain species of
laws from being passed； which prescribe limits to public powers；
which mark out the province not to be invaded by the State because
it is reserved to the individual。
On the contrary； in the declaration of the national Assembly； most
of the articles are abstract dogmas；＇37＇ metaphysical definitions；
more or less literary axioms； that is to say； more or less false；
now vague and now contradictory； open to various interpretations and
to opposite constructions； These are good for platform display but
bad in practice； mere stage effect； a sort of pompous standard；
useless and heavy； which； hoisted in front of the Constitutional
house and shaken every day by violent hands； cannot fail soon to
tumble on the heads of passers by。＇38＇ … Nothing is done to ward
off this visible danger。 There is nothing here like that Supreme
Court which； in the United States； guards the Constitution even
against its Congress； and which； in the name of the Constitution；
actually invalidates a law； even when it has passed through all
formalities and been voted on by all the powers； which listens to
the complaints of the individual affected by an unconstitutional
law； which stays the sheriff's or collector's hand raised against
him； and which above their heads gives judgment on his interests and
wrongs。 Ill…defined and discordant laws are proclaimed without any
provision being made for their interpretation； application or
sanction。 No means are taken to have them specially expounded。 No
district tribunal is assigned to consider the claims which grow out
of them； to put an end to litigation legally； peacefully； on a last
appeal； and through a final decision which becomes a precedent and
fixes the loose sense of the text。 All this is made the duty of
everybody； that is to say of those who are disposed to charge
themselves with it； … in other words； the active minority in council
assembled。 … Thus； in each town or village it is the local club
which； by the authorization of the legislator himself； becomes the
champion； judge； interpreter and administrator of the rights of man；
and which； in the name of these superior rights； may protest or
rebel； as it seems best； not only against the legitimate acts of
legal powers； but also against the authentic text of the
Constitution and the Laws。＇39＇
Consider； indeed； these rights as they are proclaimed； along with
the commentary of the