No Treason, Vol. VI.: The Constitution of No AuthoritySpooner, Lysander
Philosophy
No Treason, Vol. VI.: The Constitution of No Authority
Spooner, Lysander
Constitutional law -- United States
Moreover, this supposed contract, which would not be received in any
court of justice sitting under its authority, if offered to prove a debt
of five dollars, owing by one man to another, is one by which--_as it is
generally interpreted by those who pretend to administer it_--all men,
women and children throughout the country, and through all time,
surrender not only all their property, but also their liberties, and
even lives, into the hands of men who by this supposed contract, are
expressly made wholly irresponsible for their disposal of them. And we
are so insane, or so wicked, as to destroy property and lives without
limit, in fighting to compel men to fulfill a supposed contract, which,
inasmuch as it has never been signed by anybody, is, on general
principles of law and reason--such principles as we are all governed by
in regard to other contracts--the merest waste paper, binding upon
nobody, fit only to be thrown into the fire; or, if preserved, preserved
only to serve as a witness and a warning of the folly and wickedness of
mankind.
VI.
It is no exaggeration, but a literal truth, to say that, by the
Constitution--_not as I interpret it, but as it is interpreted by those
who pretend to administer it_--the properties, liberties, and lives of
the entire people of the United States are surrendered unreservedly into
the hands of men who, it is provided by the Constitution itself, shall
never be "questioned" as to any disposal they make of them.
Thus the Constitution (Art. I, Sec. 6) provides that, "for any speech or
debate (or vote), in either house, they (the senators and
representatives) shall not be questioned in any other place."
The whole law-making power is given to these senators and
representatives (when acting by a two-thirds vote)[e]; and this
provision protects them from all responsibility for the laws they make.
The Constitution also enables them to secure the execution of all their
laws, by giving them power to withhold the salaries of, and to impeach
and remove, all judicial and executive officers, who refuse to execute
them.
Thus the whole power of the government is in their hands, and they are
made utterly irresponsible for the use they make of it. What is this but
absolute, irresponsible power?
It is no answer to this view of the case to say that these men are under
oath to use their power only within certain limits; for what care they,
or what should they care, for oaths or limits, when it is expressly
provided, by the Constitution itself, that they shall never be
"questioned," or held to any responsibility whatever, for violating
their oaths, or transgressing those limits?
Public-domain text, read in full here on John Shaqi.
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