"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist"
About this Quote
The brilliance is the trap he sets for constitutional piety. He denies the comforting middle position: that abuses are merely “misreadings” or temporary deviations from the founders’ intent. Spooner forces admirers into a lose-lose syllogism: legitimacy depends on results, not rhetoric. The line “one thing, or another” is a deliberate shrug at interpretive debates, a refusal to be pulled into lawyerly hair-splitting. He’s saying: you can litigate meaning forever; people are still being ruled.
Context matters. Spooner is a radical individualist and abolitionist writing in an America where constitutional arguments were routinely used to defend the status quo (including slavery) and later to sanctify a growing federal state. His deeper subtext is consent: a constitution isn’t a moral contract if the governed never actually agreed to it. So his target isn’t just a document; it’s the whole alibi of “legal authority” that turns force into governance and calls it order.
Quote Details
| Topic | Justice |
|---|---|
| Source | Verified source: No Treason No. VI: The Constitution of No Authority (Lysander Spooner, 1870)
Evidence: But whether the Constitution really be one thing, or another, this much is certain, that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist. (Chapter VIII; page 28 in the Project Gutenberg text). This quote appears in Lysander Spooner's own work, not in a later compilation. The primary source is No Treason, No. VI, subtitled The Constitution of No Authority, published in Boston in 1870 by Spooner himself. In the Project Gutenberg transcription, the passage appears in section/chapter VIII and is marked at page [28]. I did not find evidence from earlier Spooner works that this exact wording was published before 1870, so this is the earliest verified primary-source publication I could confirm. Other candidates (1) The Lysander Spooner Reader (Lysander Spooner, 1992) compilation95.0% ... But whether the Constitution really be one thing, or another, this much is certain—that it has either authorized ... |
| Cite |
Citation Formats
APA Style (7th ed.)
Spooner, Lysander. (2026, March 6). But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist. FixQuotes. https://fixquotes.com/quotes/but-whether-the-constitution-really-be-one-thing-165404/
Chicago Style
Spooner, Lysander. "But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist." FixQuotes. March 6, 2026. https://fixquotes.com/quotes/but-whether-the-constitution-really-be-one-thing-165404/.
MLA Style (9th ed.)
"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist." FixQuotes, 6 Mar. 2026, https://fixquotes.com/quotes/but-whether-the-constitution-really-be-one-thing-165404/. Accessed 25 Mar. 2026.




