“But where, say some, is the King of America? Source I’ll tell you, friend, he reigns above… Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter… by which the world may know, that so far as we approve of monarchy, that in America THE LAW IS KING.”
This powerful declaration comes from Thomas Paine’s revolutionary pamphlet, Common Sense. In a few bold words, Paine captured the essence of the American experiment. He rejected centuries of tradition built on the divine right of monarchs. Instead, he proposed a radical new foundation for a nation. This foundation was not a person, but a principle: the rule of law. This single idea helped ignite a revolution. Furthermore, it provided the philosophical blueprint for the United States Constitution.
Thomas Paine – National Archives
The World Before: A Realm Ruled by Kings
To grasp the revolutionary nature of Paine’s statement, one must understand the world he sought to change. For centuries, European governance revolved around monarchies. Kings and queens were not merely political leaders. People widely believed they were divinely appointed rulers. Their authority, known as the divine right of kings, was considered absolute and God-given. Consequently, the monarch’s word was, in effect, the law. This system concentrated immense power in the hands of one individual.
This structure often led to arbitrary rule and tyranny. A king could wage wars, levy taxes, and imprison subjects on a whim. The law was a tool of the monarch, not a power above him. For the common person, justice was subject to the benevolence or cruelty of their sovereign. Therefore, challenging the king was not just treason; it was often seen as a challenge to God’s will. It was this deeply entrenched system of personal rule that American colonists began to question and ultimately reject.
Paine’s Revolutionary Proclamation
Paine published Common Sense in January 1776. Source It arrived at a moment of great uncertainty. Many colonists still felt loyalty to the British Crown. They struggled with the idea of a complete break from England. Paine’s pamphlet cut through this hesitation with clear, forceful language. He argued for independence in terms that everyone could understand. His work spread rapidly throughout the colonies, becoming an immediate bestseller.
Central to his argument was the demolition of monarchy as a legitimate form of government. Paine called King George III the “Royal Brute of Britain.” He dismantled the logic of hereditary succession. However, his most profound contribution was offering a compelling alternative. When he asked, “But where… is the King of America?” he provided a groundbreaking answer. The king would be the law itself. This meant that no single person—not a president, a general, or a governor—would hold ultimate power. Instead, a set of established legal principles, enshrined in a constitution, would govern the nation. Everyone, from the most powerful leader to the humblest citizen, would be subject to the same laws.
A Government of Laws, Not of Men
Paine’s concept established a new social contract. In this new system, the government’s legitimacy comes from the consent of the governed. The law serves as the supreme authority, protecting the rights of the people from potential government overreach. This idea directly countered the British system, where the monarch was the source of all legal authority. By elevating the law, Paine championed a system where power was impersonal and impartial.
This was a vision of a republic where citizens were bound together by a shared commitment to a legal charter. The law would act as a neutral arbiter. It would ensure stability and protect liberty. Moreover, this framework ensures that political power is a public trust, not a personal possession. Leaders are temporary stewards of the law, not its masters. This fundamental shift in thinking was essential for building a durable and just republic.
From a Pamphlet to the U.S. Constitution
Paine’s powerful idea did not remain on the pages of his pamphlet. It resonated deeply with the delegates who gathered to draft the founding documents of the United States. The principle that “the law is king” became the bedrock of American constitutionalism. The framers of the Constitution designed a system specifically to bring Paine’s vision to life. They created a government where no single branch could dominate the others.
For example, the separation of powers divides authority among the legislative, executive, and judicial branches. This structure prevents the consolidation of power that characterized monarchies. Additionally, the system of checks and balances allows each branch to limit the powers of the others. The President can veto laws from Congress. Congress can impeach the President. The Supreme Court can declare laws unconstitutional. All these mechanisms serve one primary goal: to ensure the Constitution—the supreme law of the land—remains the ultimate authority.
The Bill of Rights further solidifies this principle. It explicitly lists fundamental rights that the government cannot infringe upon. These amendments guarantee freedoms like speech, religion, and due process. They place clear limits on governmental power, reinforcing the idea that the law exists to protect citizens, not to empower rulers. Indeed, the entire constitutional framework is a testament to the enduring power of Paine’s declaration.
Conclusion: The Enduring Reign of Law
Thomas Paine’s declaration that “in America THE LAW IS KING” was more than a clever slogan. It was a foundational philosophy that guided the creation of a new kind of nation. It marked a definitive break from the old world of kings and subjects. It ushered in an era where governments derive their power from the people and are bound by the same laws they create.
This principle remains as vital today as it was in 1776. It is the core of American democracy, the promise of equal justice, and the ultimate safeguard of individual liberty. While debates over the interpretation and application of the law continue, the central idea endures. In the United States, no one is above the law. This powerful legacy, articulated so clearly by Thomas Paine, continues to shape the nation’s identity and its ongoing pursuit of a more perfect union.