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Classics Press

The Unconstitutionality of Slavery

The Unconstitutionality of Slavery

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The Unconstitutionality of Slavery is a book advocating the view that the U.S. Constitution prohibited slavery. This view was advocated in contrast to that of William Lloyd Garrison who advocated opposing the constitution on the grounds that it supported slavery. In the pamphlet, Spooner shows that none of the state governments of the slave states specifically authorized slavery, that the U.S. Constitution contains several clauses that are contradictory with slavery, that slavery was a violation of natural law, and that the intentions of the Constitutional Convention have no legal bearing on the document they created. Thus, Spooner's position is one that employs original meaning-styled textualism and rejects original intent-styled originalism.

Lysander Spooner was an American individualist anarchist, entrepreneur, libertarian, political philosopher, abolitionist, supporter of the labor movement, and legal theorist of the nineteenth century. He is also known for competing with the U.S. Post Office with his American Letter Mail Company, which was forced out of business by the United States government. His activism began with his career as a lawyer, which itself violated Massachusetts law. Spooner had studied law under the prominent lawyers and politicians John Davis and Charles Allen, but he had never attended college.According to the laws of the state, college graduates were required to study with an attorney for three years, while non-graduates were required to do so for five years. ---From Wikipedia
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