Essay on the Trial By Jury by Lysander Spooner
page 21 of 350 (06%)
page 21 of 350 (06%)
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Many of these bills of rights also assert the natural right of all men
to protect their property that is, to protect it against the government. It would be unnecessary and silly indeed to assert, in a constitution of government, the natural right of individuals to protect their property against thieves and robbers. The constitutions of New Hampshire and Tennessee also declare that "The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind." The legal effect of these constitutional recognitions of the right of individuals to defend their property, liberties, and lives, ' against the government, is to legalize resistance to all injustice and oppression, of every name and nature whatsoever, on the part of the government. But for this right of resistance, on the part of the people, all governments would become tyrannical to a degree of which few people are aware. Constitutions are utterly worthless to restrain the tyranny of governments, unless it be understood that the people will, by force, compel the government to keep within the constitutional limits. Practically speaking, no government knows any limits to its power, except the endurance of the people. But that the people are stronger than the government, and will resist in extreme cases, our governments would be little or nothing else than organized systems of plunder and oppression. All, or nearly all, the advantage there is in fixing any constitutional limits to the power of a government, is simply to give notice to the government of the point at which it will meet with resistance. If the people are |
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