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
These objections were admitted, by very many, if not all, the friends of
the constitution themselves, to be very weighty; and such as ought to be
immediately removed by amendments. And it was only because these friends
of the constitution pledged themselves to use their influence to secure
these amendments, that the adoption of the constitution itself was
secured. And it was in fulfilment of these pledges, and to remove these
objections, that the amendments were proposed and adopted.
The first eight amendments specified particularly various prohibitions
upon the power of congress; such, for example, as those securing to the
people the free exercise of religion, the freedom of speech and the
press, the right to keep and bear arms, etc., etc. Then followed the
ninth amendment, in these words:
The enumeration in the constitution, of certain rights,
[retained by the people] shall not be construed to deny or
disparage others retained by the people.
Here is an authoritative declaration, that "the people" have "_other
rights_" than those specially "enumerated in the constitution"; and that
these "_other rights_" were "_retained by the people_"; that is, _that
congress should have no power to infringe them_.
What, then, were these "other rights," that had not been "enumerated";
but which were nevertheless "retained by the people"?
Plainly they were men's natural "rights"; for these are the only
"rights" that "the people" ever had, or, consequently, that they could
"retain."
And as no attempt is made to enumerate _all_ these "other rights," or
any considerable number of them, and as it would be obviously impossible
to enumerate all, or any considerable number, of them; and as no
exceptions are made of any of them, the necessary, the legal, the
inevitable inference is, that they were _all_ "retained"; and that
congress should have no power to violate any of them.
Now, if congress and the courts had attempted to obey this amendment, as
they were constitutionally bound to do, they would soon have found that
they had really no lawmaking power whatever left to them; because they
would have found that they could make no law at all, _of their own
invention_, that would _not_ violate men's natural rights.
All men's natural rights are co-extensive with natural law, the law of
justice; or justice as a science. This law is the exact measure, and the
only measure, of any and every man's natural rights. No one of these
natural rights can be taken from any man, without doing him an
injustice; and no more than these rights can be given to any one, unless
by taking from the natural rights of one or more others.
In short, every man's natural rights are, first, the right to do, with
himself and his property, everything that he pleases to do, and that
justice towards others does not forbid him to do; and, secondly, to be
free from all compulsion, by others, to do anything whatever, except
what justice to others requires him to do.
Public-domain text, read in full here on John Shaqi.
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