On the record
In all that time, so far as I have known, he never declared a single act of congress unconstitutional; and probably never would have done so, if he had lived to this time.
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Lysander Spooner
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gutenberg.orgIn all that time, so far as I have known, he never declared a single act of congress unconstitutional; and probably never would have done so, if he had lived to this time.
Spooner claims that Marshall did not declare congressional acts unconstitutional, highlighting a lack of protection for rights.
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More from Lysander Spooner
It was a principle of the Common Law, as it is of the law of nature, and of common sense, that no man can be taxed without his personal consent.
What else than ignorance of the law is it that excuses persons under the years of discretion, and men of imbecile minds?
There is no more absurdity in giving a jury a veto upon the laws, than there is in giving a veto to each of these other tribunals.
Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.