Also flawed logic. Our options are not simply Constitution or No Constitution. There are a near-infinite number of unique constitutions we could have adopted, rather than the one we've got.
Spooner was criticizing the actual form of our current Constitution. GP was making an appeal to the Constitution and the judicial system's ignoring of it. I agree with Spooner that a Constitution such as ours is completely powerless to prevent individual judges from rewriting every time it fits their fancy.
We've basically had an ongoing Constitutional Convention in the federal courts since the founding -- without the consent of the people.
Spooner was criticizing the actual form of our current Constitution. GP was making an appeal to the Constitution and the judicial system's ignoring of it. I agree with Spooner that a Constitution such as ours is completely powerless to prevent individual judges from rewriting every time it fits their fancy.
We've basically had an ongoing Constitutional Convention in the federal courts since the founding -- without the consent of the people.