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 how futile have been all expectations of justice from the judiciary,
may be seen in the conduct of the courts--and especially in that of the
so-called Supreme Court of the United States--in regard to men's natural
right to make their own contracts.
Although the State lawmakers have, more frequently than the national
lawmakers, made laws in violation of men's natural right to make their
own contracts, yet all laws, State and national, having for their object
the destruction of that right, have always, without a single exception,
I think, received the sanction of the Supreme Court of the United
States. And having been sanctioned by that court, they have been, as a
matter of course, sanctioned by all the other courts, State and
national. And this work has gone on, until, if these courts are to be
believed, nothing at all is left of men's natural right to make their
own contracts.
That such is the truth, I now propose to prove.
And, first, as to the State governments.
The constitution of the United States (_Art. 1, Sec. 10_) declares that:
No State shall pass any law impairing the obligation of
contracts.
This provision does not designate what contracts have, and what have
not, an "obligation." But it clearly presupposes, implies, assumes, and
asserts that there are contracts that _have_ an "obligation." Any State
law, therefore, which declares that such contracts shall have _no
obligation_, is plainly in conflict with this provision of the
constitution of the United States.
This provision, also, by implying that there _are_ contracts, that
_have_ an "obligation," _necessarily implies that men have a right to
enter into them_; for if men had no right to enter into the contracts,
the contracts themselves could have no "obligation."
This provision, then, of the constitution of the United States, not only
implies that there are contracts that _have_ an obligation, _but it also
implies that the people have the right to enter into all such contracts,
and have the benefit of them_. And "_any_" State "_law_," conflicting
with either of these implications, is necessarily unconstitutional and
void.
Furthermore, the language of this provision of the constitution, to wit,
"the obligation [singular] of contracts" [plural], implies _that there
is one and the same "obligation" to all "contracts" whatsoever, that
have any legal obligation at all_. And there obviously must be some one
principle, that gives validity to all contracts alike, that have any
validity.
The law, then, of this whole country, as established by the constitution
of the United States, is, that all contracts whatsoever, in which this
one principle of validity, or "obligation," is found, shall be held
valid; and that the States shall impose no restraint whatever upon the
people's entering into all such contracts.
Public-domain text, read in full here on John Shaqi.
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