There has been no clearer principle of English or American constitutional law than that, in criminal cases, it is not only the power and duty of juries to judge what are the facts, what is the law, and what is the moral intent of the accused; but that it is also their power, and their primary and paramount duty, to judge the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and find all persons guiltless in violating, or resisting the execution of, such laws.
Lysander SpoonerNo man can delegate,... any right of arbitrary dominion over a 3rd person; for that would imply a right in the 1st person, not only to make the 3rd person his slave, but also a right to dispose of him as a slave to still other persons. Any contract to do this is necessarily a criminal one...To call such a contract a โconstitutionโ does not at all lessen its criminality, or add to its validity.
Lysander SpoonerA government that can at pleasure accuse, shoot, and hang men, as traitors, for the one general offence of refusing to surrender themselves and their property unreservedly to its arbitrary will, can practice any and all special and particular oppressions it pleases.
Lysander SpoonerMajorities and minorities cannot rightfully be taken at all into account in deciding questions of justice.
Lysander SpoonerThe right and the physical power of the people to resist injustice, are really the only securities that any people ever can have for their liberties. Practically no government knows any limit to its power but the endurance of the people.
Lysander SpoonerMajorities, as such, afford no guarantees for justice. They are men of the same nature as minorities. They have the same passions for fame, power, and money, as minorities; and are liable and likely to be equally - perhaps more than equally, because more boldly - rapacious, tyrannical and unprincipled, if intrusted with power.
Lysander SpoonerThe mental capacity of a person to make reasonable contracts, is the only criterion, by which to determine his legal capacity to make obligatory contracts. And his mental capacity to make reasonable contracts is certainly not to be determined by the fact that he is, or is not, twenty-one years of age.
Lysander Spooner