Positive Liberty

The Lew Rockwell.com crowd has put forward a new champion, Lawrence M. Vance, who self-publishes his books about Christianity and is the executive director (which seems to be the only employee) of the Francis Wayland Institute, which is headquartered in a Pensacola post office box.

Vance says that Thomas Woods proved me wrong and showed that the Constitution is a league between the states—the usual sort of thing. But then he goes on to quote Patrick Henry’s warning that the Constitution, if ratified, would create single government, and not a league between the states. Now, wait a second. Something isn’t quite right here.

Vance is quoting Henry’s statement that “This Government is not a Virginian but an American Government.” In other words, Henry recognized that, if the Constitution were ratified, it would not be a league between sovereign states. And, of course, the Constitution was ratified. Now, what conclusion do these premises lead to?

As I explained in my article, “How Libertarians Ought to Think About The U.S. Civil War,” the fact that the Constitution is not a treaty between the states is proven in large part by the fact that its opponents recognized this fact. (Indeed, I quote Henry.) Not only those who favored, but those who opposed the Constitution recognized that it would create a government of the whole people of the United States, and not a league. In the law, we call this a contra proferentum reading: interpret a document against those who drafted it. Are we supposed to take Henry’s statement as proof that—what, that Henry was wrong and the Constitution that he opposed wasn’t a single sovereign entity after all?

“Hey, look, the Constitution’s really a league between sovereign states because Patrick Henry was against it on the grounds that it would not be a league between sovereign states.” Good show, Vance. You’ve aimed, shot, and blown your foot clean off. Maybe you’ll get a CSA Purple Heart.

“The Virtual CSA Purple Heart Award”

Issued to: Capt. Lawrence M. Vance, Ph.D., M.D., D.V.M., F.R.S., D.D.S., X.Y.Z.P.D.Q., of Second Battery, Lew Rockwell PaleoLib Artillery (Rothbard Artillery), who was injured by a self-inflicted wound with a loaded anti-Federalist, Dec. 2, 2006 at the Second Battle of Positive Liberty (a.k.a. “Woods’ Woods”) in the service of the Confederate Stooges of America.  To receive this memorial or other Civil War memorials visit The Virtual Civil War Memorial Website hosted by The Missouri Civil War Museum.

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