The Unconstitutionality of Slavery

Before considering the Constitution's language, Lysander Spooner asks what makes a law legitimate. His answer rests on natural justice and the rights of individuals, which he argues cannot be surrendered to a government. Published in 1845, this legal and philosophical argument against slavery examines colonial charters, statutes, the Declaration of Independence and American constitutions. Its chapters connect the meaning of written agreements with the limits of public authority.

Spooner treats a constitution as a contract that must follow the same principles of interpretation as other legal documents. He argues that wording capable of an innocent meaning cannot justify violations of natural rights. Readers interested in American history or political philosophy will find sustained reasoning about liberty, judicial responsibility and the relationship between justice and written law. The close attention to definitions also offers a way to study how legal language supports an argument against slavery.