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Classical Liberty Abutment
The Right to Ignore the State
Written by Herbert Spencer   


As a corollary to the proposition that all institutions must be subordinated to the law of equal freedom, we cannot choose but admit the right of the citizen to adopt a condition of voluntary outlawry. If every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man, then he is free to drop connection with the state — to relinquish its protection, and to refuse paying towards its support.

It is self-evident that in so behaving he in no way trenches upon the liberty of others; for his position is a passive one; and whilst passive he cannot become an aggressor. It is equally self-evident that he cannot be compelled to continue one of a political corporation, without a breach of the moral law, seeing that citizenship involves payment of taxes; and the taking away of a man's property against his will is an infringement of his rights.

Government being simply an agent employed in common by a number of individuals to secure to them certain advantages, the very nature of the connection implies that it is for each to say whether he will employ such an agent or not. If any one of them determines to ignore this mutual-safety confederation, nothing can be said except that he loses all claim to its good offices, and exposes himself to the danger of maltreatment — a thing he is quite at liberty to do if he likes. He cannot be coerced into political combination without a breach of the law of equal freedom; he can withdraw from it without committing any such breach; and he has therefore a right so to withdraw.

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Vices Are Not Crimes
Written by Lysander Spooner   


I
Vices are those acts by which a man harms himself or his property.

Crimes are those acts by which one man harms the person or property of another.

Vices are simply the errors which a man makes in his search after his own happiness. Unlike crimes, they imply no malice toward others, and no interference with their persons or property.

In vices, the very essence of crime — that is, the design to injure the person or property of another — is wanting.

It is a maxim of the law that there can be no crime without a criminal intent; that is, without the intent to invade the person or property of another. But no one ever practices a vice with any such criminal intent. He practices his vice for his own happiness solely, and not from any malice toward others.

Unless this clear distinction between vices and crimes be made and recognized by the laws, there can be on earth no such thing as individual right, liberty, or property — no such things as the right of one man to the control of his own person and property, and the corresponding and coequal rights of another man to the control of his own person and property.

For a government to declare a vice to be a crime, and to punish it as such, is an attempt to falsify the very nature of things. It is as absurd as it would be to declare truth to be falsehood, or falsehood truth.

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On The Duty of Civil Disobedience

I heartily accept the motto,—" That government is best which governs least "; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe,—" That government is best which governs not at all"; and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure.

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Unconstitutionality of the Laws of Congress Prohibiting Mails
Monday, 23 November 2009 23:57

Of the following propositions, almost any one of them is sufficient, I apprehend, to prove the iinconsiiuitionaliiy of all laws prohibiting private mails.

1. The Constitution of the United States (Art. 1, Sec. 8) declares thai " the Congress shall have power to establish post-offices and post roads."

These words contain the whole grant, and therefore express the eitcnt of the authority granted to Congress. They dijinc the power, and the power is limited by the definition. The power of Congress, then, is simply to " establish post-offices and post roads," of thur own—not to interfere with those established by olhers. "f~

2. The constitution expresses, neither in terms, nor by necessary iiuplication, any prohibition upon the c'siablishmuiit of mails, post-offices and post roads, by the states or individuals.

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