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
All, therefore, that courts have to do, in order to determine whether
any particular contract, or class of contracts, are valid, and _whether
the people have a right to enter into them_, is simply to determine
whether the contracts themselves have, or have not, this one principle
of validity, or "obligation," which the constitution of the United
States declares shall not be impaired.
State legislation can obviously have nothing to do with the solution of
this question. It can neither create, nor destroy, that "obligation of
contracts," which the constitution forbids it to impair. It can neither
give, nor take away, the right to enter into any contract whatever, that
has that "obligation."
On the supposition, then, that the constitution of the United States is,
what it declares itself to be, _viz._, "the supreme law of the land, ...
anything in the constitutions or laws of the States to the contrary
notwithstanding," this provision against "any" State "law impairing the
obligation of contracts," is so explicit, and so authoritative, that the
legislatures and courts of the States have no color of authority for
violating it. And the Supreme Court of the United States has had no
color of authority or justification for suffering it to be violated.
This provision is certainly one of the most important--perhaps the most
important--of all the provisions of the constitution of the United
States, _as protective of the natural rights of the people to make their
own contracts, or provide for their own welfare_.
Yet it has been constantly trampled under foot, by the State
legislatures, by all manner of laws, declaring who may, and who may not,
make certain contracts; and what shall, and what shall not, be "the
obligation" of particular contracts; thus setting at defiance all ideas
of justice, of natural rights, and equal rights; conferring monopolies
and privileges upon particular individuals, and imposing the most
arbitrary and destructive restraints and penalties upon others; all with
a view of putting, as far as possible, all wealth into the hands of the
few, and imposing poverty and servitude upon the great body of the
people.
And yet all these enormities have gone on for nearly a hundred years,
and have been sanctioned, not only by all the State courts, but also by
the Supreme Court of the United States.
And what color of excuse have any of these courts offered for thus
upholding all these violations of justice, of men's natural rights, and
even of that constitution which they had all sworn to support?
They have offered only this: _They have all said they did not know what
"the obligation of contracts" was_!
Well, suppose, for the sake of the argument, that they have not known
what "the obligation of contracts" was, what, then, was their duty?
Plainly this, to neither enforce, nor annul, any contract whatever,
until they should have discovered what "the obligation of contracts"
was.
Public-domain text, read in full here on John Shaqi.
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