There is so much here it deserves its own space. Spooner was not only insightful he was foresightful. The fears expressed by the framers, although Article V has made it almost impossible to overthrow the Constitution is why Jefferson’s suggestion did not pass. Imagine it was only 13 States. We are currently obligated or forced to follow so many laws that are “Unconstitutional” and powerless to compel change; at best we have a great constitutional attorney and it goes to the Supreme Court and then its a crap shoot depending on bias of the judges. Natural Law and assuming the Human “animal” can govern itself as in the rest of the animal kingdom is both accurate and dangerous. I believe the intent of Madison et al was to allow us to have guidelines yet have more freedom than rules/laws. Because humans do not act solely upon instinct for survival as in other mammalian social structures ( not to suggest some are not more sophisticated, bc I believe some are) the Human animal has greed, ego and a thirst for power, not to protect it kind but to protect itself. It is not as though a younger male lion or wolf is simply challenging the alpha male to rule, it is natural law in action for the good of pack. This is not the case with the human animal. Without rules, laws, guidelines to provide the social structures of humans, would we have created our own extinction sooner? Are we creating it now? They certainly did not foresee contracts in terms of population growth, immigration and the inevitable impossibility of that existing on a national level. I believe Madison tried his best to foresee the future of the New World and Spooner was able to live long enough to see the consequences. People are willing to be led until we are not. Which is were we are. I do believe the Constitution, in its true form fully meant for us to self govern. Lysander Spooner’s assertions were almost prophetic in seeing the fragility of such a system while intentions were good. What I am also reading is in between the lines of his basic non acceptance into the inner circle is due to the appearance of being “Puritan”. We know our framers were flawed but to accept one into the inner circle from a questionable family at that time would have made the entire process of the Framers even more complicated . One of your best and that alone is remarkable.
WOW - this could be it’s own Substack article Janine, really insightful and thought provoking. You should consider using this as a basis for an article, there’s a lot of good points here. You’re making me think.
That is nice of you but I would not have written this if were not for your article initially. I think that Spooner was using Natural Law in its best light and in its worst. I also believe Spooner was somewhat of a pariah bc of his beliefs. Just as Madison is only now really being recognized for his brilliance and Hamilton “the brilliant” for actually being the biggest wrench in the cause of a “Republic”. So setting aside all of the events that led us to America, the Human animal showing its impulse / need for control, greed, power and dominance and indeed the more primitive nature use of violence to achieve and ensure our survival, we really do need to heed what Spooner was saying. Natural Law is not selective law.
More to say about the idea of contracts, elected officials, our rights as humans through Natural Law in and of itself and the social constructs, implications and reality of the condition of the human being being human. We are a more populated, complicated, evolved species;
You have successfully triggered the socio/cultural anthropologist in me as well as the psychologist. The caveat being, I believe in God and in that belief can we truly self govern and allow Natural Law to once again be free; We have unfortunately taken the entire concept and belief of Natural Law, even in its most existential sense and have used it against ourselves.
Without intending, the very document written to ensure our freedoms for self governance under Natural Law and Divine Right have fallen victim to the worst of the Human Condition, resulting in a perverse manipulation of the premise of our Constitution;
“We hold these truths to be self evident that all men are created equal, that they are endowed by their Creator with with certain inalienable Rights, that among these are life liberty and the pursuit of happiness”
Natural Law, indeed nature itself will always seek homeostasis.
As such, a very wide berth for the polarity that we are now experiencing was given the space to move in. Natural Law seeking to balance the scales has compelled us to confront our own inner nature, moral code and belief system.
We are the highest on the food chain yet function with the fewest true instinctual mechanisms. Survival being one of them ( Food and shelter being the other two)
If we learn anything from this I hope it is just how fragile and precious our Freedoms are under Divine Right and Natural Law. That, at least for some of us, an awakening to our true nature has led us out of complacency and helped us to renew our Faith in The Creator, not a creator.
And——All things being created equal, Natural Law will allows for the polar opposite to exist, will seek homeostasis and with our belief in the Divine Creator, our free will, we can now consciously choose which side of the pole we want to exist. We see that battle now, just as Lysander did 150 yrs ago. We must not forget this, our Creator has given us free will and Natural Law will always seek balance. If we do not truly get this, it will become what we are fighting against and a new order will emerge.
I know I have strayed from your topic, sorry. I truly hope people fully integrate the knowledge you are providing regarding the formation, intention, problems and the myriad of opinions given by the framers resulting in a truly brilliant and I believe still very relevant Constitution to ensure our rights and protections from all other forms of Government. Of course a Republic is the most difficult to maintain, it allow the most autonomy..and the Human beast does not like that.
Our current society has mostly neglected the role of the people in regards to the Constitution. Most everyone simply sits by assuming someone out there in government is responsible for making sure government operates within Constitutional law.
As James Madison stated, the Constitution is merely a parchment barrier.
To what degree there can be any barrier, it could only be the people, but the people have become ignorant of the Constitution. So here we are now, mostly defenseless.
Glad you enjoyed the article, thank you for taking the time to read. This was a challenge to right because there are facets of the Constitution and what brought the Founders to creating it. Spooner is fantastic on a practical assessment of where it fails, and the logic is pretty irrefutable: if the law is Unconstitutional and you follow it anyway hoping the courts rectify it, you’re treating that law as a constitution law.
I do take some comfort in “it is constitutional to resist unconstitutional acts” - we have to defy. It’s something we have really lost.
There is so much here it deserves its own space. Spooner was not only insightful he was foresightful. The fears expressed by the framers, although Article V has made it almost impossible to overthrow the Constitution is why Jefferson’s suggestion did not pass. Imagine it was only 13 States. We are currently obligated or forced to follow so many laws that are “Unconstitutional” and powerless to compel change; at best we have a great constitutional attorney and it goes to the Supreme Court and then its a crap shoot depending on bias of the judges. Natural Law and assuming the Human “animal” can govern itself as in the rest of the animal kingdom is both accurate and dangerous. I believe the intent of Madison et al was to allow us to have guidelines yet have more freedom than rules/laws. Because humans do not act solely upon instinct for survival as in other mammalian social structures ( not to suggest some are not more sophisticated, bc I believe some are) the Human animal has greed, ego and a thirst for power, not to protect it kind but to protect itself. It is not as though a younger male lion or wolf is simply challenging the alpha male to rule, it is natural law in action for the good of pack. This is not the case with the human animal. Without rules, laws, guidelines to provide the social structures of humans, would we have created our own extinction sooner? Are we creating it now? They certainly did not foresee contracts in terms of population growth, immigration and the inevitable impossibility of that existing on a national level. I believe Madison tried his best to foresee the future of the New World and Spooner was able to live long enough to see the consequences. People are willing to be led until we are not. Which is were we are. I do believe the Constitution, in its true form fully meant for us to self govern. Lysander Spooner’s assertions were almost prophetic in seeing the fragility of such a system while intentions were good. What I am also reading is in between the lines of his basic non acceptance into the inner circle is due to the appearance of being “Puritan”. We know our framers were flawed but to accept one into the inner circle from a questionable family at that time would have made the entire process of the Framers even more complicated . One of your best and that alone is remarkable.
WOW - this could be it’s own Substack article Janine, really insightful and thought provoking. You should consider using this as a basis for an article, there’s a lot of good points here. You’re making me think.
That is nice of you but I would not have written this if were not for your article initially. I think that Spooner was using Natural Law in its best light and in its worst. I also believe Spooner was somewhat of a pariah bc of his beliefs. Just as Madison is only now really being recognized for his brilliance and Hamilton “the brilliant” for actually being the biggest wrench in the cause of a “Republic”. So setting aside all of the events that led us to America, the Human animal showing its impulse / need for control, greed, power and dominance and indeed the more primitive nature use of violence to achieve and ensure our survival, we really do need to heed what Spooner was saying. Natural Law is not selective law.
More to say about the idea of contracts, elected officials, our rights as humans through Natural Law in and of itself and the social constructs, implications and reality of the condition of the human being being human. We are a more populated, complicated, evolved species;
You have successfully triggered the socio/cultural anthropologist in me as well as the psychologist. The caveat being, I believe in God and in that belief can we truly self govern and allow Natural Law to once again be free; We have unfortunately taken the entire concept and belief of Natural Law, even in its most existential sense and have used it against ourselves.
Without intending, the very document written to ensure our freedoms for self governance under Natural Law and Divine Right have fallen victim to the worst of the Human Condition, resulting in a perverse manipulation of the premise of our Constitution;
“We hold these truths to be self evident that all men are created equal, that they are endowed by their Creator with with certain inalienable Rights, that among these are life liberty and the pursuit of happiness”
Natural Law, indeed nature itself will always seek homeostasis.
As such, a very wide berth for the polarity that we are now experiencing was given the space to move in. Natural Law seeking to balance the scales has compelled us to confront our own inner nature, moral code and belief system.
We are the highest on the food chain yet function with the fewest true instinctual mechanisms. Survival being one of them ( Food and shelter being the other two)
If we learn anything from this I hope it is just how fragile and precious our Freedoms are under Divine Right and Natural Law. That, at least for some of us, an awakening to our true nature has led us out of complacency and helped us to renew our Faith in The Creator, not a creator.
And——All things being created equal, Natural Law will allows for the polar opposite to exist, will seek homeostasis and with our belief in the Divine Creator, our free will, we can now consciously choose which side of the pole we want to exist. We see that battle now, just as Lysander did 150 yrs ago. We must not forget this, our Creator has given us free will and Natural Law will always seek balance. If we do not truly get this, it will become what we are fighting against and a new order will emerge.
I know I have strayed from your topic, sorry. I truly hope people fully integrate the knowledge you are providing regarding the formation, intention, problems and the myriad of opinions given by the framers resulting in a truly brilliant and I believe still very relevant Constitution to ensure our rights and protections from all other forms of Government. Of course a Republic is the most difficult to maintain, it allow the most autonomy..and the Human beast does not like that.
Excellent article, enjoyed it!
Our current society has mostly neglected the role of the people in regards to the Constitution. Most everyone simply sits by assuming someone out there in government is responsible for making sure government operates within Constitutional law.
As James Madison stated, the Constitution is merely a parchment barrier.
To what degree there can be any barrier, it could only be the people, but the people have become ignorant of the Constitution. So here we are now, mostly defenseless.
Glad you enjoyed the article, thank you for taking the time to read. This was a challenge to right because there are facets of the Constitution and what brought the Founders to creating it. Spooner is fantastic on a practical assessment of where it fails, and the logic is pretty irrefutable: if the law is Unconstitutional and you follow it anyway hoping the courts rectify it, you’re treating that law as a constitution law.
I do take some comfort in “it is constitutional to resist unconstitutional acts” - we have to defy. It’s something we have really lost.
Yes, I agree. I think these pieces, such as you have written here, are invaluable in reminding us of the frame of mind of those at the time.
Zee that was a fantastic article. We have to get back to basics.
We have to fight to keep it strong.
It is so disappointing today to see these judges ignoring it totally. They have know care to keep our country strong.
Yes we do. We can do so much when we realize what talents and strengths we have.