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
So in regard to all other contracts. The constitution presupposes,
implies, assumes, and asserts the natural truth, that certain contracts
have, _and always necessarily will have_, a _natural_ "obligation." And
this _natural_ "obligation"--which is the only real obligation that any
contract can have--is the very one that the constitution forbids any
State law to impair, in the case of any contract whatever that has such
obligation.
And yet all the courts hold the direct opposite of this. They hold that,
if a State law forbids any contract to be made, such a contract can then
have no obligation; and that, consequently, no State law can impair an
obligation that never existed.
But if, by forbidding a contract to be made, a State law can prevent the
contract's having any obligation, State laws, by forbidding any
contracts at all to be made, can prevent all contracts, thereafter made,
from having any obligation; and thus utterly destroy all men's natural
rights to make any obligatory contracts at all.
2. A second pretence, by which the courts attempt to evade that
provision of the constitution, which forbids any State to "pass any law
impairing the obligation of contracts," is this: They say that the State
law, that requires, or obliges, a man to fulfil his contracts, _is
itself_ "_the obligation_," which the constitution forbids to be
impaired; and that therefore the constitution only prohibits the
impairing of any law for enforcing such contracts as shall be made under
it.
But this pretence, it will be seen, utterly discards the idea that
contracts have any _natural_ obligation. It implies that contracts have
no obligation, except the laws that are made for enforcing them. But if
contracts have no _natural_ obligation, they have no obligation at all,
_that ought to be enforced_; and the State is a mere usurper, tyrant,
and robber, in passing any law to enforce them.
Plainly a State cannot rightfully enforce any contracts at all, unless
they have a _natural_ obligation.
3. A third pretence, by which the courts attempt to evade this provision
of the constitution, is this: They say that "the law is a part of the
contract" itself; and therefore cannot impair its obligation.
By this they mean that, if a law is standing upon the statute book,
prescribing what obligation certain contracts shall, or shall not, have,
it must then be presumed that, whenever such a contract is made, the
parties intended to make it according to that law; and really to make
the law a part of their contract; _although they themselves say nothing
of the kind_.
This pretence, that the law is a part of the contract, is a mere trick
to cheat people out of their natural right to make their own contracts;
and to compel them to make only such contracts as the lawmakers choose
to permit them to make.
Public-domain text, read in full here on John Shaqi.
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