The Unconstitutionality of Slavery
Encyclopedia
The Unconstitutionality of Slavery (1845) was a pamphlet
by American abolitionist Lysander Spooner
advocating the view that the U.S. Constitution prohibited slavery. This view was advocated in contrast to that of William Lloyd Garrison
who advocated opposing the constitution on the grounds that it supported slavery. In the pamphlet, Spooner shows that none of the state
governments of the slave states specifically authorized slavery, that the U.S. Constitution contains several clauses that are contradictory with slavery, that slavery was a violation of natural law
, and that the intentions of the Constitutional Convention have no legal bearing on the document they created. Thus, Spooner's position is one that employs original meaning-styled textualism
and rejects original intent-styled originalism
.
Pamphlet
A pamphlet is an unbound booklet . It may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths , or it may consist of a few pages that are folded in half and saddle stapled at the crease to make a simple book...
by American abolitionist Lysander Spooner
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...
advocating the view that the U.S. Constitution prohibited slavery. This view was advocated in contrast to that of William Lloyd Garrison
William Lloyd Garrison
William Lloyd Garrison was a prominent American abolitionist, journalist, and social reformer. He is best known as the editor of the abolitionist newspaper The Liberator, and as one of the founders of the American Anti-Slavery Society, he promoted "immediate emancipation" of slaves in the United...
who advocated opposing the constitution on the grounds that it supported slavery. In the pamphlet, Spooner shows that none of the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
governments of the slave states specifically authorized slavery, that the U.S. Constitution contains several clauses that are contradictory with slavery, that slavery was a violation of 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 that the intentions of the Constitutional Convention have no legal bearing on the document they created. Thus, Spooner's position is one that employs original meaning-styled textualism
Textualism
Textualism is a formalist theory of statutory interpretation, holding that a statute's ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or...
and rejects original intent-styled originalism
Originalism
In the context of United States constitutional interpretation, originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution. It is based on the principle that the judiciary is not supposed to create, amend or repeal laws but only to uphold...
.