The Unconstitutionality of SlaverySpooner, Lysander
Philosophy
The Unconstitutionality of Slavery
Spooner, Lysander
Slavery -- United States
It will be seen from this note of Mr. Christian, that he concurs in the
opinion that an enactment contrary to natural justice is _intrinsically_
void, and not law; and that the principal, if not the only difficulty,
which he sees in carrying out that doctrine, is one that is peculiar to
the British constitution, and does not exist in the United States. That
difficulty is, the "inconsistency" there would be, if the House of
Lords, (which is the highest law court in England, and at the same time
one branch of the legislature,) were to declare, in their capacity as
judges, that an act was void, which, as legislators, they had declared
should be valid. And this is probably the reason why Blackstone admitted
that he knew of no power in the ordinary forms of the (British)
constitution, that was vested with authority to control an act of
parliament that was unreasonable, (against natural justice.) But in the
United States, where the judicial and legislative powers are vested in
different bodies, and where they are so vested for the very purpose of
having the former act as a check upon the latter, no such inconsistency
would occur.
The constitutions that have been established in the United States, and
the discussions had on the formation of them, all attest the importance
which our ancestors attached to a separation of the judicial, from the
executive and legislative departments of the government. And yet the
benefits, which they had promised to liberty and justice from this
separation, have in slight only, if any degree, been realized.--Although
the legislation of the country generally has exhibited little less than
an entire recklessness both of natural justice and constitutional
authority, the records of the judiciary nevertheless furnish hardly an
instance where an act of a legislature has, for either of these reasons,
been declared void by its co-ordinate judicial department. There have
been cases, few and far between, in which the United State's courts have
declared acts of state legislatures unconstitutional. But the history of
the co-ordinate departments of the same governments has been, that the
judicial sanction followed the legislative act with nearly the same
unerring certainty, that the shadow follows the substance. Judicial
decisions have consequently had the same effects in restraining the
actions of legislatures, that shadows have in restraining the motions of
bodies.
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