frankj1 wrote:ray wrote:
But some people think the Constitution is ALIVE..IT"S ALIVE...IT''S ALIVE! Bwahahaha!
Like Jefferson...when he grew up.
Tortoises move achingly slow too, but are very much alive.
Look, we can start a gofundme for alterations on that boyhood coat if it would help. I know Frankie, you think Jefferson was just a naive young man until he became a senior citizen because of one sentence taken from a letter.
Well, he was naive in one respect. Although he was firmly against a broad interpretation of the Constitution that living constitution people adhere to., he believed that a future generation would be wiser and correct those errors that led to a broad construction. You see,
a living constitution has nothing to do with amendments as you think it is, it has to do with a broad construction that creates "things that never were there all of a sudden are there.” as Scalia said.Quote:
When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe and precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless. Our peculiar security is in possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the grant of the treaty-making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives. It specifies and delineates the operations permitted to the federal government, and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law, Congress may make the law; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty; whatever is to be done by a judicial sentence, the judges may pass the sentence.
Nothing is more likely than that their enumeration of powers is defective. This is the ordinary case of all human works. Let us go on then perfecting it, by adding, by way of amendment to the Constitution, those powers which time and trial show are still wanting. . . . I confess, then, I think it important in the present case to set an example against broad construction by appealing for new power to the people. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction, confiding that the good sense of our country will correct the evil of construction when it shall produce ill effects. . . .Letter from Thomas Jefferson to Wilson Carey Nicholas (1803)
As lawyer and historian John V. Denson wrote in his book Reassessing the Presidency, "Jefferson failed to understand that the Constitution was written to protect the people from themselves and that to rely on those very people to correct defects in the Constitution, only when those defects had been already exploited for ulterior purposes, was foolish indeed."
