Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/339

 CH. III.] § 330. The truth is, that the majority of every organized society hashave [sic] always claimed, and exercised the right to govern the hole of that society, in the manner pointed out by the fundamental laws, which from time to time have existed in such society. Every revolution, at least when not produced by positive force, has been founded upon the authority of such majority. And the right results from the very necessities of our nature; for universal consent can never be practically required or obtained. The minority are bound, whether they have assented or not; for the plain reason, that opposite wills in the same society, on the same subjects, cannot prevail at the same time; and, as society is instituted for the general safety and happiness, in a conflict of opinion the majority must have a right to accomplish that object by the means, which they deem adequate for the end. The majority may, indeed, decide, how far they will respect the rights or claims of the minority; and how far they will, from policy or principle, insist upon or absolve them from obedience. But this is a matter, on which it decidesthey decide [sic] decide for itselfthemselves [sic], according to their own notions of justice or convenience. In a general sense the will of the majority of the people is absolute and sovereign, limited only by itstheir [sic] means and power to make itstheir [sic] will effectual. The declaration of independence (which, it is historically known, was not the act of the whole American people) puts the