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NOTE Appendix

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Appendix

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Inasmuch as the Constitution was never signed nor agreed to by anybody as a contract, and therefore never bound anybody, and is now binding upon nobody, and is, moreover, such a one as no people can ever hereafter be expected to consent to, except as they might be forced to do so at the point of a bayonet, it is perhaps of no importance what its true legal meaning as a contract is.

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Nevertheless, the writer thinks it proper to say that in his opinion the Constitution

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is no such instrument as it has generally been assumed to be, but that by false interpretations

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and naked usurpations the government has been made in practice a very widely and almost

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wholly different thing from what the Constitution itself purports to authorize.

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He has heretofore written much and could write much more to prove that such is the truth.

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But whether the Constitution really be one thing or another, this much is certain, that

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it is either authorized such a government as we have had, or has been powerless to prevent

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it.

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In either case, it is unfit to exist.