Resist! Thoughts From Maharrey Head 161
Summary
In this episode, Maharrey Head defends Lysander Spooner’s strategy of resisting unconstitutional acts against common libertarian criticisms. He argues that the Constitution is a "parchment barrier" that requires active enforcement, citing Spooner’s views on the Fugitive Slave Act and the Founders’ concept of void laws. Head outlines a practical blueprint for resistance, emphasizing that states and individuals should refuse to cooperate with federal overreach, a tactic supported by the Supreme Court’s anti-commandeering doctrine.
Topics discussed
Introduction, show welcome, and Patreon support
Lysander Spooner's 'No Treason' quote and context
Constitutions as 'parchment barriers' requiring enforcement
Spooner's defense of fugitive slaves and void statutes
Founding era views on unconstitutional acts being void
The absolute right to resist unconstitutional laws
Why waiting for repeal legitimizes unconstitutional power
Resistance as maintenance of the Constitution, not rebellion
Federalist No. 46 and the blueprint for non-cooperation
State refusal to enforce federal laws in practice
The Anti-Commandeering Doctrine as a legal tool
Forms of resistance and the need for active defense
Revisiting Spooner's essay and the concept of consent
Conclusion: The necessity of resistance for liberty
Outro, social media sharing, and contact information
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