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
But it will be said that the amendment itself implies that certain
lawmaking "powers" had been "delegated to the United States by the
constitution."
No. It only implies that those who adopted the amendment _believed_ that
such lawmaking "powers" had been "delegated to the United States by the
constitution."
But in this belief, they were entirely mistaken. And why?
1. Because it is a natural impossibility that any lawmaking "powers"
whatever can be delegated by any one man, or any number of men, to any
other man, or any number of other men.
Men's natural rights are all inherent and inalienable; and therefore
cannot be parted with, or delegated, by one person to another. And all
contracts whatsoever, for such a purpose, are necessarily absurd and
void contracts.
For example. I cannot delegate to another man any right to _make_
laws--that is, laws of his own invention--and compel me to obey them.
Such a contract, on my part, would be a contract to part with my natural
liberty; to give myself, or sell myself, to him as a slave. Such a
contract would be an absurd and void contract, utterly destitute of all
legal or moral obligation.
2. I cannot delegate to another any right to make laws--that is, laws of
his own invention--and compel a third person to obey them.
For example. I cannot delegate to A any right to make laws--that is,
laws of his own invention--and compel Z to obey them.
I cannot delegate any such right to A, because I have no such right
myself; and I cannot delegate to another what I do not myself possess.
For these reasons no lawmaking powers ever could be--and therefore no
lawmaking powers ever were--"delegated to the United States by the
constitution"; no matter what the people of that day--any or all of
them--may have attempted to do, or may have believed they had power to
do, in the way of delegating such powers.
But not only were no lawmaking powers "delegated to the United States by
the constitution," but neither were any _judicial_ powers so delegated.
And why? Because it is a natural impossibility that one man can delegate
his judicial powers to another.
Every man has, by nature, certain judicial powers, or rights. That is to
say, he has, by nature, the right to judge of, and enforce his own
rights, and judge of, and redress his own wrongs. But, in so doing, he
must act only in accordance with his own judgment and conscience, _and
subject to his own personal responsibility, if, through either ignorance
or design, he commits any error injurious to another_.
Now, inasmuch as no man can delegate, or impart, his own judgment or
conscience to another, it is naturally impossible that he can delegate
to another his judicial rights or powers.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account