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As Aristotle bluntly put it, "He who asks Law to rule is asking God and Intelligence and no others to rule; while he who asks for the rule of a human being is bringing in a wild beast." The Massachusetts Constitution of 1780 directs that the powers of government must be separated "to the end it may be a government of laws and not of men." And Chief Justice John Marshall declared, "The government of the United States has been emphatically termed a government of laws, and not of men." Today, no one disputes that judges must uphold the rule of law. Every judge claims that as a sacred duty.

Natural Law and the Limits to Judicial Review