Constitutions of No Authority: Spoonerian Reflections
By Gerard Casey
This article appeared in the Winter 2010 issue of The Independent Review


Can a constitution command moral authority over individuals who did not explicitly consent to abide by it? The American lawyer and proto-libertarian Lysander Spooner (1808-87) argued that the U.S. Constitution is a contract that is morally binding only on those who approved of it during its ratification.

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