No Treason
Encyclopedia
No Treason: The Constitution of No Authority is an 1867 essay by American individualist anarchist, political philosopher and legal theorist Lysander Spooner
. It is one of his most famous political tracts.
In this lengthy essay, Spooner argues that the United States Constitution
is a contract
of government (see: social contract
theory) which was irreparably violated during the American Civil War
, and is thus void. Furthermore, since the government
now existing under the Constitution pursued coercive policies that were contrary to the Natural Law
and to the consent of the governed
, it was demonstrated that the document was unable to adequately stop many abuses against liberty or to prevent tyranny from taking hold. Spooner supports his argument by noting that the Federal government, as established by a legal contract, could not legally bind all persons living in the nation, since none had ever signed their names or given their consent to it – this consent had always been assumed, but it fails the most basic burdens of proof for a valid contract in the courtroom.
Spooner widely circulated the No Treason pamphlets, which also contained a legal defense against the crime of treason
itself intended for former Confederate
soldiers (hence the name of the pamphlet, arguing that "no treason" had been committed in the war by the south). These excerpts were published in DeBow's Review
and some other well known southern periodicals of the time, and Spooner's writings went on to contribute to the development of libertarian
political theory in the United States, and were often reprinted in early libertarian journals such as the Rampart Journal.
The libertarian theorist Murray Rothbard
, leader of the more modern anarcho-capitalism
movement, called No Treason "the greatest case for anarchist political philosophy ever written."
Lysander Spooner
Lysander Spooner was an American individualist anarchist, political philosopher, Deist, abolitionist, supporter of the labor movement, legal theorist, and entrepreneur of the nineteenth century. He is also known for competing with the U.S...
. It is one of his most famous political tracts.
In this lengthy essay, Spooner argues that the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
is a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
of government (see: social contract
Social contract
The social contract is an intellectual device intended to explain the appropriate relationship between individuals and their governments. Social contract arguments assert that individuals unite into political societies by a process of mutual consent, agreeing to abide by common rules and accept...
theory) which was irreparably violated during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, and is thus void. Furthermore, since the government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
now existing under the Constitution pursued coercive policies that were contrary to the Natural Law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
and to the consent of the governed
Consent of the governed
"Consent of the governed" is a phrase synonymous with a political theory wherein a government's legitimacy and moral right to use state power is only justified and legal when derived from the people or society over which that political power is exercised...
, it was demonstrated that the document was unable to adequately stop many abuses against liberty or to prevent tyranny from taking hold. Spooner supports his argument by noting that the Federal government, as established by a legal contract, could not legally bind all persons living in the nation, since none had ever signed their names or given their consent to it – this consent had always been assumed, but it fails the most basic burdens of proof for a valid contract in the courtroom.
Spooner widely circulated the No Treason pamphlets, which also contained a legal defense against the crime of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
itself intended for former Confederate
Confederate States Army
The Confederate States Army was the army of the Confederate States of America while the Confederacy existed during the American Civil War. On February 8, 1861, delegates from the seven Deep South states which had already declared their secession from the United States of America adopted the...
soldiers (hence the name of the pamphlet, arguing that "no treason" had been committed in the war by the south). These excerpts were published in DeBow's Review
DeBow's Review
DeBow's Review was a widely circulated magazine of "agricultural, commercial, and industrial progress and resource" in the American South during the upper middle of the 19th century, from 1846 until 1884. It bore the name of its first editor, James Dunwoody Brownson DeBow DeBow's Review was a...
and some other well known southern periodicals of the time, and Spooner's writings went on to contribute to the development of libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
political theory in the United States, and were often reprinted in early libertarian journals such as the Rampart Journal.
The libertarian theorist Murray Rothbard
Murray Rothbard
Murray Newton Rothbard was an American author and economist of the Austrian School who helped define capitalist libertarianism and popularized a form of free-market anarchism he termed "anarcho-capitalism." Rothbard wrote over twenty books and is considered a centrally important figure in the...
, leader of the more modern anarcho-capitalism
Anarcho-capitalism
Anarcho-capitalism is a libertarian and individualist anarchist political philosophy that advocates the elimination of the state in favour of individual sovereignty in a free market...
movement, called No Treason "the greatest case for anarchist political philosophy ever written."
External links
- Complete Text of all three published essays
- No Treason at the Ludwig von Mises InstituteLudwig von Mises InstituteThe Ludwig von Mises Institute , based in Auburn, Alabama, is a libertarian academic organization engaged in research and scholarship in the fields of economics, philosophy and political economy. Its scholarship is inspired by the work of Austrian School economist Ludwig von Mises...
- No Treason: The Constitution of No Authority mp3 audio reading by Marc StevensMarc Stevens (radio host)Marc Stevens is a voluntaryist essayist and talk radio host from Phoenix, Arizona. He is the host of The No State Project. Stevens is also the author of the 2002 book, Adventures In Legal Land, an examination of the legal and political systems of the United States.-Adventures In Legal Land:In 2002,...