Monday, May 25, 2015

Thomas Jefferson, on settling questions about the Constitution

On every question of construction [of the Constitution] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed. [emphasis mine]
This quotation of Thomas Jefferson was contained in a personal letter he wrote to William Johnson, June 12, 1823. In context, I understand it had to do with the Second Amendment. However I imagine that as a matter of principle this is how Jefferson would have every question on the Constitution settled ("On every question," he said).

It's a far cry from the view taken by judical activists regarding a "living Constitution."

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