Constitutional history -- United States -- Sources; Constitutional law -- United States
Minos, we learn, was the primitive founder of the government of Crete,
as Zaleucus was of that of the Locrians. Theseus first, and after him
Draco and Solon, instituted the government of Athens. Lycurgus was the
lawgiver of Sparta. The foundation of the original government of Rome
was laid by Romulus, and the work completed by two of his elective
successors, Numa and Tullius Hostilius. On the abolition of royalty the
consular administration was substituted by Brutus, who stepped forward
with a project for such a reform, which, he alleged, had been prepared
by Tullius Hostilius, and to which his address obtained the assent and
ratification of the senate and people. This remark is applicable to
confederate governments also. Amphictyon, we are told, was the author
of that which bore his name. The Achaean league received its first birth
from Achaeus, and its second from Aratus.
What degree of agency these reputed lawgivers might have in their
respective establishments, or how far they might be clothed with
the legitimate authority of the people, cannot in every instance be
ascertained. In some, however, the proceeding was strictly regular.
Draco appears to have been intrusted by the people of Athens with
indefinite powers to reform its government and laws. And Solon,
according to Plutarch, was in a manner compelled, by the universal
suffrage of his fellow-citizens, to take upon him the sole and absolute
power of new-modeling the constitution. The proceedings under Lycurgus
were less regular; but as far as the advocates for a regular reform
could prevail, they all turned their eyes towards the single efforts of
that celebrated patriot and sage, instead of seeking to bring about a
revolution by the intervention of a deliberative body of citizens.
Public-domain text, read in full here on John Shaqi.
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