diff options
Diffstat (limited to 'exampleSite/content/posts/no-treason.md')
-rw-r--r-- | exampleSite/content/posts/no-treason.md | 67 |
1 files changed, 67 insertions, 0 deletions
diff --git a/exampleSite/content/posts/no-treason.md b/exampleSite/content/posts/no-treason.md new file mode 100644 index 0000000..d8f9bc3 --- /dev/null +++ b/exampleSite/content/posts/no-treason.md @@ -0,0 +1,67 @@ +{ + "title": "No Treason - The Constitution of No Authority", + "authors": ["Lysander Spooner"], + "publishdate": "1869-01-19", + "tags": ["Law"] +} + +The Constitution has no inherent authority or obligation. It has no +authority or obligation at all, unless as a contract between man and +man. And it does not so much as even purport to be a contract between +persons now existing. It purports, at most, to be only a contract +between persons living eighty years ago . 1 And it can be supposed to +have been a contract then only between persons who had already come to +years of discretion, so as to be competent to make reasonable and +obligatory contracts. Furthermore, we know, historically, that only a +small portion even of the people then exist¬ ing were consulted on the +subject, or asked, or permitted to express either their consent or +ndissent in any formal manner. Those persons, if any, who did give +their consent formally, are all dead now. Most of them have been dead +forty, fifty, sixty, or seventy years. And the Constitution, so far as +it t oas their contract, died with them. They had no natural power or +right to make it obligatory upon their children. It is not only +plainly impossible, in the nature of things, that they could bind +their posterity, but they did not even attempt to bind them. That is +to say, the instrument does not purport to be an agreement between any +body but “the people” then existing; nor does it, either expressly or +impliedly, assert any right, power, or disposition, on their part, to +bind anybody but themselves. Let us see. Its language is: + +We, the people of the United States (that is, the people then existing +in the United States), in order to form a more perfect union, insure +domestic tranquility, provide for the common defense, promote the +general welfare, and secure the blessings of liberty to ourselves ana +our posterity, do ordain and establish this Constitu¬ tion for the +United States of America. + +It is plain, in the first place, that this language, as an agreement, +purports to be only what it at most really was, viz., a contract +between the people then existing; and, of necessity, binding, as a +contract, only upon those then existing. In the second place, the +language neither expresses nor implies that they had any intention or +desire, nor that they imagined they had any right or power, to bind +their “posterity” to five under it. It does not say that their +“posterity” will, shall, or must live under it. It only says, in +effect, that their hopes and motives in adopting it were that it might +prove useful to their posterity, as well as to themselves, by +promoting their imion, safety, tranquility, liberty, etc. + +Suppose an agreement were entered into, in this form: + +We, the people of Boston, agree to maintain a fort on Governor’s +Island, to protect ourselves and our posterity against invasion. + +This agreement, as an agreement, would clearly bind nobody but the +people then existing. Secondly, it would assert no right, power, or +disposition, on their part, to compel^their “posterity” to maintain +such a fort. It would only indicate that the supposed wel¬ fare of +their posterity was one of the motives that induced the original +parties to enter into the agreement. + +When a man says he is building a house for himself and his posterity, +he does not mean to be understood as saying that he has any thought of +binding them, nor is it to be inferred that he is so foolish as to +imagine that he has any right or power to bind them, to live in it. So +far as they are concerned, he only means to be understood as saying +that his hopes and motives, in building it, are that they, or at least +some of them, may find it for their happiness to live in it. |