Sooner or later, most of us who
drive receive a ticket for a traffic violation. When stopped, we may insist
that we didn’t intend to speed or roll through the stop sign or whatever, but
we don’t expect the officer to accept our lack of intent as a valid reason to
break the law. In fact, most of us accept that governing units have the right
to establish traffic rules within their boundaries and to place law enforcement
personnel on their streets to enforce those rules.
Of course, it would be a whole
different story if the person issuing the ticket was not wearing a uniform,
displaying a badge and driving an official vehicle. Without those symbols of
office, we would not automatically recognize the individual’s ticket-writing
authority.
In other words, police officers’ authority
to enforce the law is a derived authority,
not one they possess by virtue of their personhood. They have the right to make
traffic stops only because the governing unit that employs them has duly
authorized and empowered them to perform this function. Likewise, that
governing unit has the right to authorize its officers only because it is a
legal entity duly organized under the laws of the state in which it sits, which
in turn has been legally sanctioned under the Constitution of the United
States. And that authority exists because the majority of “we the people”
have together consented to it.
The opposite of derived authority is
direct authority, where a person has
a certain power simply by virtue of who he or she is, but there are not many
examples of it. Legend has it that when Henry Ford II was challenged on certain
decisions by people who worked for him, he would sometimes say, “We’ll do it
that way because it’s my name that’s on the building.” So within his realm,
Ford had direct authority, though that was no guarantee his decisions were
right. For centuries, kings of various lands claimed to rule by divine righ
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