Simone Lawson
American individualist anarchist and abolitionist Lysander Spooner did not like the US Constitution because he believed it violated natural law and was therefore void. In his view, the Constitution allowed for the institution of slavery, which took away the fundamental rights of enslaved people, and he argued that a legitimate constitution is one that ensures the laws imposed on the non-consenting public are just. Spooner also questioned the idea of unanimous consent, arguing that not everyone will always agree with government decisions, and so the Constitution itself should be at once overthrown.
| Characteristics | Values |
|---|---|
| Violation of natural law | The Constitution allowed slavery, violating the natural rights of enslaved people |
| Lack of consent | The Constitution claimed to be formed under everyone's consent, which is impossible in a democracy |
| Inadequate procedures | The Constitution did not ensure that laws imposed on non-consenting citizens were just |
| Lack of moral authority | The state's actions, such as monitoring communications, lacked moral authority |
| Unfit to exist | The Constitution either authorized an unfit government or was powerless to prevent it |
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What You'll Learn
Violation of natural law
Lysander Spooner, an American individualist anarchist, abolitionist, and lawyer by training, believed in the idea of natural law, which he described as "the science of justice". He saw natural law as being part of everyone's life, encompassing the rights given at birth: life, liberty, and the pursuit of happiness.
Spooner believed that the US Constitution violated natural law and was, therefore, void. He argued that by allowing for the institution of slavery, the United States was taking away the fundamental rights of the many enslaved people born on American soil. In his view, an enslaved person's rights were to be the same as everyone else's due to their birth qualifications. As an outspoken abolitionist, Spooner did not believe that any American should be treated differently under the natural law.
Spooner's belief in natural law and individual liberty led him to question the very foundations of the Constitution. He argued that the Constitution was created under the premise of unanimous consent, yet the existence of slavery and the hardships brought by the Reconstruction Era showed that this was not the case. He pointed out the contradiction between the idea of unity among citizens and the reality of slavery, which was a form of institutionalized oppression.
In his writings, Spooner emphasized the importance of individual consent as a necessary condition for political authority. He recognized that total consent is impossible in a democratic government but questioned how majority influence may have overshadowed the rights of minorities. Spooner's arguments highlight a fundamental tension between the ideals of natural law and the realities of a government that allowed slavery and the treatment of certain groups as less deserving of liberty and justice.
Spooner's views on natural law and his critique of the Constitution are encapsulated in his statement: "But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist."
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Lack of consent
Lysander Spooner, an American individualist anarchist, abolitionist, and lawyer, believed that the US Constitution violated natural law and was therefore void. In his view, the Constitution's allowance for slavery took away the fundamental rights of those born on American soil. He argued that an enslaved person's rights were the same as everyone else's due to their birth qualifications.
Spooner's writings, particularly his essays in "No Treason", expressed his discontent with the state and its legitimizing documents. He questioned the idea of consent directly stated under the Constitution, arguing that total consent is impossible in a democratic government. He pointed out the separation of majorities and minorities and questioned how majority influence may have had a disproportionate impact on the creation of the nation.
Spooner's beliefs were rooted in the idea of natural law, which he described as "the science of justice" and "the science of all human rights; of all man's rights of person and property; of all his rights to life, liberty, and the pursuit of happiness". He advocated for individual consent as a necessary condition for political authority.
In his essay "The Unconstitutionality of Slavery", Spooner provided a powerful case for why a constitution can be legitimate even if it lacks genuine consent. He argued that a constitution does not bind the people but is supposed to bind those who govern the people. Thus, each officeholder takes an oath to obey the Constitution and consents to its terms.
Spooner's approach to constitutional interpretation and legitimacy is considered sophisticated and persuasive, even by contemporary legal standards. His ideas continue to influence and shape political thought and constitutional theories.
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Ineffectiveness in preventing an unfit government
The American individualist anarchist, abolitionist, and lawyer Lysander Spooner wrote three essays in 1867, collectively titled "No Treason". In these essays, Spooner expressed his discontent with the state and its legitimizing documents in the United States, the U.S. Constitution.
Spooner believed that the Constitution was ineffective in preventing an unfit government. He argued that the Constitution had either authorized an unfit government or was powerless to prevent it. In either case, he believed that it was unfit to exist. Spooner saw the Constitution as a document that was created under the consent of the people, but he acknowledged that total consent was impossible in a democratic government. He questioned how majority influence may have had a greater impact on the creation of the nation, rather than the consent of every individual.
Spooner also believed that the Constitution violated natural law by allowing for the institution of slavery. He argued that an enslaved person's rights were the same as everyone else's due to their birth qualifications. As a strong believer in natural law, which he described as "the science of justice", Spooner felt that the Constitution was voided by allowing slavery to take place, as it took away the fundamental rights of enslaved people.
In his essay "The Unconstitutionality of Slavery", Spooner provided a powerful case for why a constitution can be legitimate even if it lacks genuine consent. He recognized that a constitution does not bind the people but is supposed to bind those who govern. He argued that each office holder consents to the terms of the Constitution by taking an oath to obey it. Spooner's approach to constitutional interpretation and legitimacy is considered sophisticated and persuasive, even by modern standards.
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Failure to protect natural rights
Lysander Spooner was an American individualist anarchist, abolitionist, and lawyer who believed in the idea of natural law. He saw natural law as "the science of justice" and "the science of all human rights; of all man's rights of person and property; of all his rights to life, liberty, and the pursuit of happiness".
Spooner believed that the US Constitution violated natural law and was therefore void. He argued that the Constitution, by allowing for the institution of slavery, was taking away the fundamental rights of enslaved people, who were born on American soil and thus entitled to the same rights as everyone else.
Spooner's views on consent are also notable. He acknowledged that total consent in a democratic government is impossible due to the separation of majorities and minorities. However, he questioned the idea of unanimous consent, arguing that not everyone will always agree with government decisions, and as such, "the Constitution itself should be at once overthrown".
In his essay, "The Unconstitutionality of Slavery", Spooner provided a powerful case for why a constitution can be legitimate even without genuine consent. He argued that a constitution does not bind the people but rather those who govern the people. Each officeholder takes an oath to obey the Constitution and thereby consents to its terms.
Spooner's approach to constitutional interpretation, construction, and legitimacy is considered sophisticated and persuasive. He believed that a legitimate constitution should adopt procedures to ensure that the laws imposed on the non-consenting public are just and do not violate their pre-existing natural rights. This "Spooner zone" of natural rights and originalist constitutionalism continues to be of immeasurable value to the protection of a free society.
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Inadequate interpretation
Lysander Spooner was an American individualist anarchist, abolitionist, and lawyer. In his essays, Spooner expressed his discontent with the state and its legitimizing documents, including the U.S. Constitution. He is known for his belief in natural law, which he described as "the science of justice" encompassing all human rights, such as the rights to life, liberty, and the pursuit of happiness.
Spooner's interpretation of the Constitution as inadequate is evident in his work, "No Treason." He questioned the idea of unanimous consent, arguing that not everyone will always agree with government decisions. The fact that many Americans disagreed with the U.S. government during the Civil War, particularly regarding slavery, further supported his claim. Spooner believed that the Constitution violated natural law by allowing slavery, which took away the fundamental rights of enslaved people.
In "No Treason," Spooner introduces the idea of the non-validity of the U.S. Constitution. He challenges the notion that the Constitution was created with everyone's consent, acknowledging the impracticality of total consent in a democratic government. Spooner's argument revolves around the impact of majority influence on the creation of the nation, questioning the concept of consent in a democratic context.
Spooner's interpretation of the Constitution as inadequate is also reflected in his views on the role of government. He believed that the government lacked moral authority and had no right to monitor individuals' communications or restrict their privacy rights. Spooner's perspective aligns with libertarian ideals, emphasizing individual consent as a necessary condition for political authority.
Furthermore, Spooner's work, "The Unconstitutionality of Slavery," offers insights into his thoughts on constitutional legitimacy. He argued that a constitution can be legitimate if it ensures that laws imposed on nonconsenting individuals do not violate their preexisting natural rights. When interpreting such a constitution, Spooner suggested adhering to its original meaning. However, he also recognized the need for rules of construction to protect the rights retained by the people when the original meaning is unclear.
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Frequently asked questions
Spooner believed that the US Constitution violated natural law and was therefore void. He felt that the Constitution allowed for the institution of slavery, which took away the fundamental rights of enslaved people, and that the US government did not have unanimous consent from the people.
Spooner was an abolitionist. He believed that an enslaved person's rights were to be the same as everyone else's due to their birth qualifications. In his essay "The Unconstitutionality of Slavery" (1845, 1860), he provided a powerful case for why a constitution can be legitimate if it provides procedures to assure that the laws imposed on nonconsenting persons do not violate their preexisting natural rights.
Spooner believed that the American Civil War was about conquest when it should have been about ending slavery in the United States. He found it outrageous that the North allowed the institution of slavery to continue by not finding ways to end it in the South.
