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, no body of men, existing at any one time, have the power to
create a perpetual corporation. A corporation can become practically
perpetual only by the voluntary accession of new members, as the old
ones die off. But for this voluntary accession of new members, the
corporation necessarily dies with the death of those who originally
composed it.
Legally speaking, therefore, there is, in the Constitution, nothing that
professes or attempts to bind the "posterity" of those who established
it.
If, then, those who established the Constitution, had no power to bind,
and did not attempt to bind, their posterity, the question arises,
whether their posterity have bound themselves. If they have done so,
they can have done so in only one or both of these two ways, viz., by
voting, and paying taxes.
II.
Let us consider these two matters, voting and tax paying, separately.
And first of voting.
All the voting that has ever taken place under the Constitution, has
been of such a kind that it not only did not pledge the whole people to
support the Constitution, but it did not even pledge any one of them to
do so, as the following considerations show.
1. In the very nature of things, the act of voting could bind nobody
but the actual voters. But owing to the property qualifications
required, it is probable that, during the first twenty or thirty years
under the Constitution, not more than one-tenth, fifteenth, or perhaps
twentieth of the whole population (black and white, men, women, and
minors) were permitted to vote. Consequently, so far as voting was
concerned, not more than one-tenth, fifteenth, or twentieth of those
then existing, could have incurred any obligation to support the
Constitution.
At the present time, it is probable that not more than one-sixth of the
whole population are permitted to vote. Consequently, so far as voting
is concerned, the other five-sixths can have given no pledge that they
will support the Constitution.
2. Of the one-sixth that are permitted to vote, probably not more than
two-thirds (about one-ninth of the whole population) have usually voted.
Many never vote at all. Many vote only once in two, three, five, or ten
years, in periods of great excitement.
No one, by voting, can be said to pledge himself for any longer period
than that for which he votes. If, for example, I vote for an officer who
is to hold his office for only a year, I cannot be said to have thereby
pledged myself to support the government beyond that term. Therefore, on
the ground of actual voting, it probably cannot be said that more than
one-ninth or one-eighth, of the whole population are usually under any
pledge to support the Constitution.
Public-domain text, read in full here on John Shaqi.
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