MCViewPoint

Opinion from a Libertarian ViewPoint

Spooner: We Didn’t Consent to the Constitution

Posted by M. C. on September 10, 2022

Doubtless the most miserable of men, under the most oppressive government in the world, if allowed the ballot, would use it, if they could see any chance of thereby ameliorating their condition. But it would not therefore be a legitimate inference that the government itself, that crushes them, was one which they had voluntarily set up, or ever consented to.

https://mises.org/wire/spooner-we-didnt-consent-constitution

Lysander Spooner

The number who actually consented to the Constitution of the United States, at the first, was very small. Considered as the act of the whole people, the adoption of the Constitution was the merest farce and imposture, binding upon nobody.

The women, children, and blacks, of course, were not asked to give their consent. In addition to this, there were, in nearly or quite all the States, property qualifications that excluded probably one half, two thirds, or perhaps even three fourths, of the white male adults from the right of suffrage. And of those who were allowed that right, we know not how many exercised it.

Furthermore, those who originally agreed to the Constitution, could thereby bind nobody that should come after them. They could contract for nobody but themselves. They had no more natural right or power to make political contracts, binding upon succeeding generations, than they had to make marriage or business contracts binding upon them.

Still further. Even those who actually voted for the adoption of the Constitution, did not pledge their faith for any specific time; since no specific time was named, in the Constitution, during which the association should continue. It was, therefore, merely an association during pleasure; even as between the original parties to it. Still less, if possible, has it been any thing more than a merely voluntary association, during pleasure, between the succeeding generations, who have never gone through, as their fathers did, with so much even as any outward formality of adopting it, or of pledging their faith to support it. Such portions of them as pleased, and as the States permitted to vote, have only done enough, by voting and paying taxes, (and unlawfully and tyrannically extorting taxes from others,) to keep the government in operation for the time being. And this, in the view of the Constitution, they have done voluntarily, and because it was for their interest, or pleasure, and not because they were under any pledge or obligation to do it. Any one man, or any number of men, have had a perfect right, at any time, to refuse his or their further support; and nobody could rightfully object to his or their withdrawal.

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Author:

Lysander Spooner

Lysander Spooner (1808–1887) is the American individualist anarchist and legal theorist known mainly for setting up a commercial post office in competition with the government and thereby being shut down. But he was also the author of some of the most radical political and economic writings of the 19th century, and continues to have a huge influence on libertarian thinkers today. He was a dedicated opponent of slavery in all its forms — even advocating guerrilla war to stop it — but also a dedicated opponent of the federal invasion of the South and its postwar reconstruction. See Let’s Abolish Government, a collection selected personally by Murray Rothbard as Spooner’s best work.

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