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determines the same thing about all； and all determine the same
thing about each… that ought to have the power of enacting law in
the state。
The members of a civil society thus united for the purpose of
legislation； and thereby constituting a state； are called its
citizens； and there are three juridical attributes that inseparably
belong to them by right。 These are： 1。 constitutional freedom； as
the right of every citizen to have to obey no other law than that to
which he has given his consent or approval； 2。 civil equality； as
the right of the citizen to recognise no one as a superior among the
people in relation to himself； except in so far as such a one is as
subject to his moral power to impose obligations； as that other has
power to impose obligations upon him； and 3。 political independence；
as the light to owe his existence and continuance in society not to
the arbitrary will of another； but to his own rights and powers as a
member of the commonwealth； and； consequently； the possession of a
civil personality； which cannot be represented by any other than
himself。
The capability of voting by possession of the suffrage properly
constitutes the political qualification of a citizen as a member of
the state。 But this； again； presupposes the independence or
self…sufficiency of the individual citizen among the people； as one
who is not a mere incidental part of the commonwealth； but a member of
it acting of his own will in community with others。 The last of the
three qualities involved necessarily constitutes the distinction
between active and passive citizenship； although the latter conception
appears to stand in contradiction to the definition of a citizen as
such。 The following examples may serve to remove this difficulty。
The apprentice of a merchant or tradesman； a servant who is not in the
employ of the state； a minor （naturaliter vel civiliter）； all women；
and； generally； every one who is compelled to maintain himself not
according to his own industry； but as it is arranged by others （the
state excepted）； are without civil personality； and their existence is
only； as it were； incidentally included in the state。 The woodcutter
whom I employ on my estate； the smith in India who carries his hammer；
anvil； and bellows into the houses where he is engaged to work in
iron； as distinguished from the European carpenter or smith； who can
offer the independent products of his labour as wares for public sale；
the resident tutor as distinguished from the schoolmaster； the
ploughman as distinguished from the farmer and such like； illustrate
the distinction in question。 In all these cases； the former members of
the contrast are distinguished from the latter by being mere
subsidiaries of the commonwealth and not active independent members of
it； because they are of necessity commanded and protected by others；
and consequently possess no political self…sufficiency in
themselves。 Such dependence on the will of others and the consequent
inequality are； however； not inconsistent with the freedom and
equality of the individuals as men helping to constitute the people。
Much rather is it the case that it is only under such conditions
that a people can become a state and enter into a civil
constitution。 But all are not equally qualified to exercise the
right of suffrage under the constitution； and to be full citizens of
the state； and not mere passive subjects under its protection。 For；
although they are entitled to demand to be treated by all the other
citizens according to laws of natural freedom and equality； as passive
parts of the state； it does not follow that they ought themselves to
have the right to deal with the state as active members of it； to
reorganize it； or to take action by way of introducing certain laws。
All they have a right in their circumstances to claim may be no more
than that whatever be the mode in which the positive laws are enacted；
these laws must not be contrary to the natural laws that demand the
freedom of all the people and the equality that is conformable
thereto； and it must therefore be made possible for them to raise
themselves from this passive condition in the state to the condition
of active citizenship。
47。 Dignities in the State and the Original Contract。
All these three powers in the state are dignities； and； as
necessarily arising out of the idea of the state and essential
generally to the foundation of its constitution； they are to be
regarded as political dignities。 They imply the relation between a
universal sovereign as head of the state… which according to the
laws of freedom can be none other than the people itself united into a
nation… and the mass of the individuals of the nation as subjects。 The
former member of the relation is the ruling power； whose function is
to govern （imperans）； the latter is the ruled constituents of the
state； whose function is to obey （subditi）。
The act by which a people is represented as constituting itself into
a state； is termed the original contract。 This is properly only an
outward mode of representing the idea by which the rightfulness of the
process of organizing the constitution may be made conceivable。
According to this representation； all and each of the people give up
their external freedom in order to receive it immediately again as
members of a commonwealth。 The commonwealth is the people viewed as
united altogether into a state。 And thus it is not to be said that the
individual in the state has sacrificed a part of his inborn external
freedom for a particular purpose； but he has abandoned his wild
lawless freedom wholly； in order to find all his proper freedom
again entire and undiminished； but in the form of a regulated order of
dependence； that is； in a civil state regulated by laws of right。 This
relation of dependence thus arises out of his own regulative law
giving will。
48。 Mutual Relations and Characteristics of the
Three Powers。
The three powers in the state； as regards their relations to each
other； are； therefore： （1） coordinate with one another as so many
moral persons； and the one is thus the complement of the other in
the way of completing the constitution of the state； （2） they are
likewise subordinate to one another； so that the one cannot at the
same time usurp the function of the other by whose side it moves； each
having its own principle and maintaining its authority in a particular
person； but under the condition of the will of a superior； and
further； （3） by the union of both these relations； they assign
distributively to every subject in the state his own rights。
Considered as to their respective dignity； the three powers may be
thus described。 The will of the sovereign legislator； in respect of
what constitutes the external mine and thine； is to be regarded as
irreprehensible； the executive function of the supreme ruler is to
be regarded as irresistible； and the judicial sentence of the
supreme judge is to be regarded as irreversible； being beyond appeal。
49。 Distinct Functions of the Three Powers。
Autonomy of the State
1。 The executive power belongs to the governor or regent of the
state； whether it assumes the form of a moral or individual person； as
the king or prince （rex； princeps）。 This executive authority； as the
supreme agent of the state； appoints the magistrates； and prescribes
the rules to the people； in accordance with which individuals may
acquire anything or maintain what is their own conformably to the law；
each case being brought under its application。 Regarded as a moral
person； this executive authority constitutes the government。 The
orders issued by the government to the people and the magistrates；
as well as to the higher ministerial administrators of the state
（gubernatio）； are rescripts or decrees； and not laws； for they
terminate in the decision of particular cases； and are given forth
as unchangeable。 A government acting as an executive； and at the
same time laying down the law as the legislative power； would be a
despotic government； and would have to be contradistinguished from a
patriotic government。 A patriotic government； again； is to be
distinguished from a paternal government （regimen paternale） which
is the most despotic government of all； the citizens being dealt
with by it as mere children。 A patriotic government； however； is one
in which the state； while dealing with the subjects as if they were
members of a family； still treats them likewise as citizens； and
according to laws that recognize their independence； each individual
possessing himself and not being dependent on the absolute will of
another beside him or above him。
2。 The legislative authority ought not at the same time to be the
executive or governor； for the governor； as administrator； should
stand under the authority of the law； and i