No Treason, Vol. VI.: The Constitution of No Authority — John Shaqi
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
We, the people of Boston, agree to maintain a fort on Governor's Island,
to protect ourselves and our posterity against invasion.
This agreement, as an agreement, would clearly bind nobody but the
people then existing. Secondly, it would assert no right, power, or
disposition, on their part, to compel their "posterity" to maintain such
a fort. It would only indicate that the supposed welfare of their
posterity was one of the motives that induced the original parties to
enter into the agreement.
When a man says he is building a house for himself and his posterity, he
does not mean to be understood as saying that he has any thought of
binding them, nor is it to be inferred that he is so foolish as to
imagine that he has any right or power to bind them, to live in it. So
far as they are concerned, he only means to be understood as saying that
his hopes and motives, in building it, are that they, or at least some
of them, may find it for their happiness to live in it.
So when a man says he is planting a tree for himself and his posterity,
he does not mean to be understood as saying that he has any thought of
compelling them, nor is it to be inferred that he is such a simpleton as
to imagine that he has any right or power to compel them, to eat the
fruit. So far as they are concerned, he only means to say that his hopes
and motives, in planting the tree, are that its fruit may be agreeable
to them.
So it was with those who originally adopted the Constitution. Whatever
may have been their personal intentions, the legal meaning of their
language, so far as their "posterity" was concerned, simply was, that
their hopes and motives, in entering into the agreement, were that it
might prove useful and acceptable to their posterity; that it might
promote their union, safety, tranquility, and welfare; and that it might
tend "to secure to them the blessings of liberty." The language does not
assert nor at all imply, any right, power, or disposition, on the part
of the original parties to the agreement, to compel their "posterity" to
live under it. If they had intended to bind their posterity to live
under it, they should have said that their object was, not "to secure to
them the blessings of liberty," but to make slaves of them; for if their
"posterity" are bound to live under it, they are nothing less than the
slaves of their foolish, tyrannical, and dead grandfathers.
It cannot be said that the Constitution formed "the people of the United
States," for all time, into a corporation. It does not speak of "the
people" as a corporation, but as individuals. A corporation does not
describe itself as "we," nor as "people," nor as "ourselves." Nor does a
corporation, in legal language, have any "posterity." It supposes itself
to have, and speaks of itself as having, perpetual existence, as a
single individuality.
Public-domain text, read in full here on John Shaqi.
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