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Published online by Cambridge University Press: 17 February 2011
If the end of a legal system is the well-being of its people, as Madison claims in Federalist, No. 45, and if it is irrational to sacrifice means to ends, as Madison says in Federalist, No. 40, then Cicero was right to conclude that salus populi suprema lex, that the people's welfare is supreme law—that the people's welfare should prevail over conflicting legal arrangements.
1 For the application of this possibility to Lincoln, see Jaffa, Harry V., Crisis of the House Divided: An Interpretation of the Lincoln-Douglas Debates (Chicago: University of Chicago Press, 1982), 191–225Google Scholar.
2 See Hofstadter, Richard, The American Political Tradition (New York: Vintage Books, 1974), 165Google Scholar.
3 See McPherson, James M., “Lincoln and the Strategy of Unconditional Surrender,” in The Best American History Essays on Lincoln, ed. Wilentz, Sean (New York: Palgrave Macmillan, 2009), 207–27CrossRefGoogle Scholar.
4 Farrand, Quoting Max, ed., The Records of the Federal Convention of 1787 (New Haven: Yale University Press, 1937), 2:52Google Scholar.