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The Constitution has no inherent authority or obligation. It has no authority or obligation at all, unless as a contract between man and man. And it does not so much as even purport to be a contract between persons now existing.
Lysander Spooner
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Lysander Spooner
Age: 79 †
Born: 1808
Born: January 19
Died: 1887
Died: May 14
Anarchist
Businessperson
Essayist
Journalist
Lawyer
Opinion Journalist
Peace Activist
Philosopher
Authority
Unless
Purport
Doe
Contract
Persons
Existing
Even
Contracts
Much
Inherent
Men
Obligation
Constitution
More quotes by Lysander Spooner
One essential of a free government is that it rest wholly on voluntary support. And one certain proof that a government is not free, is that it coerces more or less persons to support it, against their will.
Lysander Spooner
The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
Lysander Spooner
Legally speaking, the term 'public rights' is as vague and indefinite as are the terms 'public health,' 'public good,' 'public welfare,' and the like. It has no legal meaning, except when used to describe the separate, private, individual rights of a greater or less number of individuals.
Lysander Spooner
There can be no criminal intent in resisting injustice.
Lysander Spooner
The right of revolution, which tyrants, in mockery, accord to mankind, is no legal right under a government it is only a natural right to overturn a government.
Lysander Spooner
If it be said that the consent of the strongest party in a nation, is all that is necessary to justify the establishment of a government that shall have authority over the weaker party, it may be answered that the most despotic governments in the world rest upon that very principle, viz.: the consent of the strongest party.
Lysander Spooner
Now it is clear, that if the government can exclude, on account either of their opinions or feelings, any persons thus drawn by lot, the trial is no longer a trial by 'the country,' but only by a portion of the country.
Lysander Spooner
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Lysander Spooner
Those who deny the right of a jury to protect an individual in resisting an unjust law of the government, deny him all defence whatsoever against oppression.
Lysander Spooner
The trial by jury is a trial by 'the country,' in contradistinction to a trial by the government. The jurors are drawn by lot from the mass of the people, for the very purpose of having all classes of minds and feelings, that prevail among the people at large, represented in the jury.
Lysander Spooner
A man is none the less a slave because he is allowed to choose a new master once in a term of years. Neither are a people any the less slaves because permitted periodically to choose new masters.
Lysander Spooner
It is manifest that the only security against the tyranny of the government lies in forcible resistance to the execution of the injustice because the injustice will certainly be executed, unless it be forcibly resisted.
Lysander Spooner
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.'
Lysander Spooner
Legally speaking, there are no such things as 'public rights,' as distinguished from individual rights. Legally speaking, there is no such creature or thing as 'the public.'
Lysander Spooner
All these cries of having abolished slavery, of having saved the country, of having preserved the union, of establishing a government of consent, and of maintaining the national honor, are all gross, shameless, transparent cheats - so transparent that they ought to deceive no one.
Lysander Spooner
The principle, on which the war was waged by the North, was simply this: That men may rightfully be compelled to submit to, and support, a government that they do not want and that resistance, on their part, makes them traitors and criminals.
Lysander Spooner
All legitimate government is a mutual insurance company, voluntarily agreed upon by the parties to it, for the protection of their rights against wrong-doers. In its voluntary character it is precisely similar to an association for mutual protection against fire or shipwreck.
Lysander Spooner
The single despot stands out in the face of all men, and says: I am the State: My will is law: I am your master: I take the responsibility of my acts: The only arbiter I acknowledge is the sword: If any one denies my right, let him try conclusions with me.
Lysander Spooner
Any number of scoundrels, having money enough to start with, can establish themselves as a 'government' because, with money, they can hire soldiers, and with soldiers extort more money and also compel general obedience to their will.
Lysander Spooner
Any government, that is its own judge of, and determines authoritatively for the people, what are its own powers over the people, is an absolute government of course. It has all the powers that it chooses to exercise. There is no other or at least no more accurate definition of a despotism than this.
Lysander Spooner