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Book Description Madison Books, Condition: Brand New. Seller Inventory A Never used!. Seller Inventory P Ships with Tracking Number! By the time he died in , he had seen the central state strengthened by fire and sword, , and the union shifted to a basis of naked force. As Joseph Sobran likes to say, this is apparently what it means to have "a living Constitution. Spooner read law in the s under the old apprentice system in which an aspiring lawyer worked for established jurists while learning the law. He won but betook himself to Ohio to practice law.
Spooner opened up a private postal business in Congress put him out of business, by statute, in Spooner was learning quite a lot about government. These were the words of a consistent "bourgeois" individualist, not a call for socialist upheaval.
Abandoned: Betrayal of the American Middle Class Since World War II
A s someone who cared more about freedom than any other value, Spooner allied himself with the abolitionist movement. He increasingly came to define law as "an intelligible principle of right" deriving from natural law.
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This led him to a number of disputes with prominent abolitionist leaders like William Lloyd Garrison, who was denouncing the Constitution as a covenant with death and hell which deserved instant repudiation. Against the Garrisonians, Spooner sought to show that slavery contradicted both English law and natural law in The Unconstitutionality of Slavery in two parts, and This rather eccentric argument apparently persuaded few people.
Following his chosen path of working out the radical implications of the grounds of English law, Spooner published in his Trial By Jury.
Reviewing the history of the jury system, he concluded that all statute law claiming to improve upon or overthrow the common law was ipso facto invalid. Applying with unwavering consistency the principle of "methodological individualism" to the realm of the law, Spooner held that only real individuals or their properly appointed agents could act, make contracts, and take on binding legal obligations and duties. None of these conditions held with the US Constitution. At best, it was a signed agreement between the men who wrote it and perhaps those who ratified it.
By now, they were all dead, and the Constitution, therefore, bound no one but merely served as the basis of ongoing political imposture and fraud. The crushing of Southern independence underscored this reality. I shall not ask everyone to take this strong medicine, much less believe it.
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