For example. I cannot delegate to A any right to make laws—that is, laws of his own invention—and compel Z to obey them.
I cannot delegate any such right to A, because I have no such right myself; and I cannot delegate to another what I do not myself possess.
For these reasons no lawmaking powers ever could be—and therefore no lawmaking powers ever were—"delegated to the United States by the constitution"; no matter what the people of that day—any or all of them—may have attempted to do, or may have believed they had power to do, in the way of delegating such powers.
But not only were no lawmaking powers "delegated to the United States by the constitution," but neither were any judicial powers so delegated. And why? Because it is a natural impossibility that one man can delegate his judicial powers to another.
Every man has, by nature, certain judicial powers, or rights. That is to say, he has, by nature, the right to judge of, and enforce his own rights, and judge of, and redress his own wrongs. But, in so doing, he must act only in accordance with his own judgment and conscience, and subject to his own personal responsibility, if, through either ignorance or design, he commits any error injurious to another.
Now, inasmuch as no man can delegate, or impart, his own judgment or conscience to another, it is naturally impossible that he can delegate to another his judicial rights or powers.
So, too, every man has, by nature, a right to judge of, and enforce, the rights, and judge of, and redress the wrongs, of any and all other men. This right is included in his natural right to maintain justice between man and man, and to protect the injured party against the wrongdoer. But, in doing this, he must act only in accordance with his own judgment and conscience, and subject to his own personal responsibility for any error he may commit, either through ignorance or design.
But, inasmuch as, in this case, as in the preceding one, he can neither delegate nor impart his own judgment or conscience to another, he cannot delegate his judicial power or right to another.
But not only were no lawmaking or judicial powers "delegated to the United States by the constitution," neither were any executive powers so delegated. And why? Because, in a case of justice or injustice, it is naturally impossible that any one man can delegate his executive right or power to another.
Every man has, by nature, the right to maintain justice for himself, and for all other persons, by the use of so much force as may be reasonably necessary for that purpose. But he can use the force only in accordance with his own judgment and conscience, and on his own personal responsibility, if, through ignorance or design, he commits any wrong to another.