The United States Constitution is truly a remarkable document. Including an index page it can be printed in eighteen (18) pages. A large number of professors teach Constitutional law. An untold number of lawyers practice Constitutional law. It is likely that the vast majority of citizens in this country have never read it, much less understand its meaning. The nine (9) members of the Supreme Court are the final authority of what the Constitution means. The Supremes oversee a host of lower court judges that render their opinions on what the founding fathers and subsequent amendments mean.
There are many people that believe the Constitution should be interpreted literally and just as many that believe it is an ever changing, living and breathing document. It gets both funny and sad, when one side or the other reads a clause and chooses to interpret it in their favor. Bill Clinton summed it up in his now famous, "What is the meaning of is."? When the President appoints and the Senate confirms a new member of the court each side tries to get someone that shares their views on the Constitutions meaning.
We know from the writings of the founding fathers, it was their intent that the Constitution granted certain powers to the Federal Government, reserving all else to the states and the people. That is just not the way it has been working out. One sentence, in any one clause has been interpreted to give power to the Federal Government over almost anything it chooses to regulate, stimulate or obfuscate. Remember the Civil war? It was supposedly fought over the primary issue of states rights. The first ten (10) amendments are commonly referred to as the bill of rights. Yet, we still argue about what rights they project.
Does anyone know where we can find fifty (50) impartial people to once and for all define what words mean?
Joel Brandes
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
3 comments:
One of the most pertinent portions of the Constitution for today's purposes is the establishment of jurisdictions.
It established Maritime Law, Contract Law, and Common Law.
There was no establishment of Statutory Law, as that was the very thing we rebelled against. The idea that a King would dictate a "statute" as law was considered to be obsurd. Now, we live under a military dictatorship with statutory law. The courts are military courts.
There is no longer a jurisdiction to hear Common Law arguments.
Statutes:
Speed limit 55 mph
You must wear a seat belt
Don't eat this or that
Don't drink this or that
Don't wear yellow shirts
Don't possess this or that
List the guns you own HERE
etc etc etc
The US Constitution is indeed a remarkable document. At its inception, it was the first such document that told government what it CANNOT do. Inspite of sweeping social, economic, technological, and ideological changes in the 200 years hence, it has been amended relatively infrequently.
The main reason this beautiful charter has endured is its deliberate vagueness. Every schoolkid knows our basic rights, "speedy trial, no "illegal search and seizure," "due process of law," no "cruel and unusual punishment," etc. However, nowhere are these cherished concepts DEFINED. (i.e., what is a "speedy trial?" Two weeks? Two months? Two years??) Since Marbury v. Madison (1803) that has been the purview of the courts.
Therefore, the Constitution CANNOT be interpreted literally. The founding fathers, in their genius, designed it to be flexible(but very,very, difficult to amend, and that is precisely why it has endured and has become the model for all national charters since.
You raise some very valid points and I do agree with you on the importance of everyone reading the Constitution at least once. Created in 1878, it still exerts tremendous power even in our day to day lives and it would be prudent for us to pass on its message to our children in time. There is this site called Shmoop which interprets the U.S. Constitution in simple, easy to understand language. For anyone out there who wants to know more about this remarkable part of our history, you must visit the site.
Post a Comment