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
Such, then, has been the constitutional law of this country since 1791;
admitting, for the sake of the argument--what I do not really admit to
be a fact--that the constitution, so called, has ever been a law at all.
This amendment, from the remarkable circumstances under which it was
proposed and adopted, must have made an impression upon the minds of all
the public men of the time; although they may not have fully
comprehended, and doubtless did not fully comprehend, its sweeping
effects upon all the supposed powers of the government.
But whatever impression it may have made upon the public men of that
time, its authority and power were wholly lost upon their successors;
and probably, for at least eighty years, it has never been heard of,
either in congress or the courts.
John Marshall was perfectly familiar with all the circumstances, under
which this, and the other nine amendments, were proposed and adopted. He
was thirty-two years old (lacking seven days) when the constitution, as
originally framed, was published (September 17, 1787); and he was a
member of the Virginia convention that ratified it. He knew perfectly
the objections that were raised to it, in that convention, on the ground
of its inadequate guaranty of men's natural rights. He knew with what
force these objections were urged by some of the ablest members of the
convention. And he knew that, to obviate these objections, the
convention, as a body, without a dissenting voice, so far as appears,
recommended that very stringent amendments, for securing men's natural
rights, be made to the constitution. And he knew further, that, but for
these amendments being recommended, the constitution would not have been
adopted by the convention.[6]
[6] For the amendments recommended by the Virginia convention,
see "Elliot's Debates," Vol. 3, pp. 657 to 663. For the debates
upon these amendments, see pages 444 to 452, and 460 to 462, and
466 to 471, and 579 to 652.
The amendments proposed were too numerous to be repeated here, although
they would be very instructive, as showing how jealous the people were,
lest their natural rights should be invaded by laws made by congress.
And that the convention might do everything in its power to secure the
adoption of these amendments, it resolved as follows:
And the convention do, in the name and behalf of the people of
this commonwealth, enjoin it upon their representatives in
congress to exert all their influence, and use all reasonable
and legal methods, to obtain a ratification of the foregoing
alterations and provisions, in the manner provided by the 5th
article of the said Constitution; and, in all congressional
laws to be passed in the meantime, to conform to the spirit of
these amendments, as far as the said Constitution will
admit.--_Elliot's Debates, Vol. 3, p. 661._
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