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NO TREASON
The Constitution of No Authority
by Lysander Spooner
I.
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. It purports, at most, to be only a contract
between persons living eighty years ago. [This essay was written in
1869.] And it can be supposed to have been a contract then only between
persons who had already come to years of discretion, so as to be
competent to make reasonable and obligatory contracts. Furthermore,
we know, historically, that only a small portion even of the people
then existing were consulted on the subject, or asked, or permitted to
express either their consent or dissent in any formal manner. Those
persons, if any, who did give their consent formally, are all dead now.
Most of them have been dead forty, fifty, sixty, or seventy years. AND
THE CONSTITUTION, SO FAR . . .