Constitutions of No Authority: Spoonerian Reflections

In: The independent review: journal of political economy, Band 14, Heft 3, S. 325-340

Abstract

Explores the notion of constitutional authority. Whether a constitution can be construed as either an explicit or implicit contract is examined, drawing on the thought of Lysander Spooner. Edmund Burke is then used to ponder the opposite, that a constitution is not a contract. Some attention is given to Thomas Jefferson's thought experiment in a 1789 letter to James Madison & to David Hume's ideas, which are seen as akin to those of Burke. It is concluded that a constitution is not an agreement & that Burkean metaphysics must be rejected; therefore constitutions have no authority. References. Adapted from the source document.