You can’t comply your way out of tyranny.
This principle – central to the American Revolution – has been almost totally forgotten and ignored. And it was also forcefully repeated and reiterated a century later by Lysander Spooner.
The following are the top quotes and principles that make up this essential foundation.
VOID
To start, it was widely understood that the people are the source of all power, and government only acts as their agent. So it logically flowed from that principle that any act beyond powers delegated or authorized to government was a usurpation of power – and thus, void.
The 3rd Chief Justice, Oliver Ellsworth, put it like this:
“If they make a law which the constitution does not authorize, it is void.”
This wasn’t anything new. As James Otis Jr, in his 1761 speech against the Writs of Assistance, made the same case – the same principle even under the unwritten British constitution.
“An act against the constitution is void.”
Reiterating this principle nearly a century later, Lysander Spooner wrote, “An unconstitutional statute is no law, in the view of the constitution. It is void, and confers no authority on any one”
PRECEDENT
The old revolutionaries understood that government always grows, and even the smallest steps beyond the constitution were a precedent for even more usurpations of power in the future.
John Dickinson made this case in his influential 1765 broadside urging non-compliance with the Stamp Act.
“IF you comply with the Act by using Stamped Papers, you fix, you rivet perpetual Chains upon your unhappy Country. You unnecessarily, voluntarily establish the detestable Precedent, which those who have forged your Fetters ardently wish for, to varnish the future Exercise of this new claimed Authority.” [emphasis added]
Dickinson continued with this same warning two years later in response to the Townshend Acts.
“When an act injurious to freedom has been once done, and the people bear it, the repetition of it is most likely to meet with submission. For as the mischief of the one was found to be tolerable, they will hope that of the second will prove so too; and they will not regard the infamy of the last, because they are stained with that of the first.”
Thomas Paine warned that we should treat precedent not as law – but instead, as a warning.
“In numerous instances, the precedent ought to operate as a warning, and not as an example, and requires to be shunned instead of imitated; but instead of this, precedents are taken in the lump, and put at once for constitution and for law.”
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