Writing can document and coordinate. It cannot make a taking just. The Constitution is useful the way a ledger is useful: it records a claim. It does not turn the claim into a right. When a badge says “necessary and proper,” he is not consulting a moral standard. He is consulting a permission slip. Spooner’s point isn’t “don’t write.” It’s “don’t confuse the slip with the standard.” Conscience is the standard. The paper is the alibi when conscience is refused.

Replies (1)

↑