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The Unconstitutionality of Slavery cover

The Unconstitutionality of Slavery

The author argues that slavery has no legitimate constitutional or legal basis, grounding his case in natural law and in the charter, statutory, and common-law traditions that shaped American institutions. He defines law, surveys colonial charters and English precedents, and interprets the Declaration, state constitutions, the Articles of Confederation, and the federal Constitution to show inconsistency between slavery and fundamental legal principles. He examines the intentions and practice of the framers and the contemporary public understanding, reviews later state constitutions, and concludes that legal instruments did not create a lawful property right in persons and that children of enslaved parents are born free.

By Lysander Spooner
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History - AmericanLaw & CriminologyPhilosophy & Ethics

About This Book

The author argues that slavery has no legitimate constitutional or legal basis, grounding his case in natural law and in the charter, statutory, and common-law traditions that shaped American institutions. He defines law, surveys colonial charters and English precedents, and interprets the Declaration, state constitutions, the Articles of Confederation, and the federal Constitution to show inconsistency between slavery and fundamental legal principles. He examines the intentions and practice of the framers and the contemporary public understanding, reviews later state constitutions, and concludes that legal instruments did not create a lawful property right in persons and that children of enslaved parents are born free.

About the Author

Spooner, Lysander portrait

Lysander Spooner

Lysander Spooner was an American legal theorist, abolitionist, and political activist known for his radical views on individual liberty and government authority. He is particularly recognized for his critique of the U.S. Constitution in works like "No Treason, Vol. VI.: The Constitution of No Authority," where he argues against the legitimacy of government power. Spooner also wrote extensively on issues of justice and law, as seen in his influential essays such as "An Essay on the Trial By Jury." His writings advocate for a society based on voluntary cooperation and challenge the moral foundations of slavery and state authority.

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