If, now, Marshall did not see, in this amendment, any legal force or authority, what becomes of his reputation as a constitutional lawyer?
Lysander Spooner: “If, now, Marshall did not see, in this amendment, any legal force or authority, what becomes of his reputation as a…”
Editor's note · Context
Spooner questions Marshall's credibility as a constitutional lawyer if he disregarded the ninth amendment's authority.
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More from Lysander Spooner
If the authority be vested in the government, the governmnt is absolute, and the people have no liberties except such as the government sees fit to indulge them with.
When two men meet one upon the highway, or in the wilderness, have they a right to dispose of his life, liberty, or property at their pleasure, simply because they are the more numerous party?
It would be a solecism and absurdity in government to allow such consequences as these.
They cannot claim or expect that the whole people shall practise the folly of taking on trust their pretended superior knowledge, and of committing blindly into their hands all their own interests, liberties, and rights, to be disposed of…