A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The PeopleSpooner, Lysander
Philosophy
A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The People
Spooner, Lysander
Cleveland, Grover, 1837-1908; United States -- Politics and government
According to this opinion of the court, congress has--subject to the
exceptions referred to--absolute, irresponsible dominion over "all
commerce with foreign nations, and among the several States"; and all
men's natural rights to trade with each other, among the several States,
and all over the world, are prostrate under the feet of a contemptible,
detestable, and irresponsible cabal of lawmakers; and the people have no
protection or redress for any tyranny or robbery that may be practised
upon them, except _"the wisdom and the discretion of congress, their
identity with the people, and the influence which their constituents
possess at elections"!_
It will be noticed that the court say that _"all the other powers,
vested in congress, are complete in themselves, and may be exercised to
their utmost extent, and acknowledge no limitations, other than those
prescribed by the constitution."_
They say that among "all the other [practically unlimited] powers,
vested in congress," is the power "of declaring war"; and, of course,
of carrying on war; that congress has power to carry on war, for any
reason, to any extent, and against any people, it pleases.
Thus they say, virtually, that _the natural rights of mankind_ impose no
_constitutional_ restraints whatever upon congress, in the exercise of
their lawmaking powers.
Is not this asserting that governments have all power, and the people no
rights?
But what is to be particularly noticed, is the fact that Marshall gives
to congress all this practically unlimited power over all "commerce with
foreign nations, and among the several States," _solely on the strength
of a false definition of the verb "to regulate_." He says that "the
power to regulate commerce" is the power "_to prescribe the rule by
which commerce is to be governed_."
This definition is an utterly false, absurd, and atrocious one.
It would give congress power arbitrarily to control, obstruct,
impede, derange, prohibit, and destroy commerce.
The verb "to regulate" does not, as Marshall asserts, imply the
exercise of any arbitrary control whatever over the thing
regulated; nor any power "to prescribe [arbitrarily] the rule,
by which" the thing regulated "is to be governed." On the
contrary, it comes from the Latin word, _regula_, a rule; _and
implies the pre-existence of a rule, to which the thing
regulated is made to conform_.
To regulate one's diet, for example, is not, on the one hand,
to starve one's self to emaciation, nor, on the other, to gorge
one's self with all sorts of indigestible and hurtful
substances, in disregard of the natural laws of health. But it
supposes the pre-existence of the _natural laws of health_, to
which the diet is made to conform.
Public-domain text, read in full here on John Shaqi.
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