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Constitution Quote by Lysander Spooner

“The Constitution says: "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and…” quote by Lysander Spooner
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““The Constitution says: "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America." The meaning of this is simply We, the people of the United States, acting freely and voluntarily as individuals, consent and agree that we will cooperate with each other in sustaining such a government as is provided for in this Constitution. The necessity for the consent of "the people" is implied in this declaration. The whole authority of the Constitution rests upon it. If they did not consent, it was of no validity. Of course it had no validity, except as between those who actually consented. No one's consent could be presumed against him, without his actual consent being given, any more than in the case of any other contract to pay money, or render service. And to make it binding upon any one, his signature, or other positive evidence of consent, was as necessary as in the case of any other-contract. If the instrument meant to say that any of "the people of the United States" would be bound by it, who did not consent, it was a usurpation and a lie. The most that can be inferred from the form, "We, the people," is, that the instrument offered membership to all "the people of the United States;" leaving it for them to accept or refuse it, at their pleasure.””

Lysander Spooner

About This Quote

Source Essay: “The Constitution and the Consent of the People,” 1865

The Constitution’s authority depends on the voluntary consent of the governed; without explicit agreement, its legitimacy is void.

In simple terms: Government power rests on people’s consent.

Key Takeaway

Ensure consent is explicit and ongoing.

Themes

politics law consent legitimacy

Mood

thoughtful critical

Type

philosophical political

When to use this quote

  • voting
  • public policy debates
  • constitutional reforms

Key Concepts

social contract individual rights government authority

Questions to Reflect On

  • How can modern societies verify genuine consent?
  • What mechanisms protect against assumed consent?
A Different Perspective

Consent can be difficult to verify in practice.

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