Our Changing Constitution by Charles Wheeler Pierson
page 19 of 147 (12%)
page 19 of 147 (12%)
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In a celebrated case[1] decided a few years ago the Supreme Court of the United States said: The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted it means now. Being a grant of powers to a government its language is general, and as changes come in social and political life it embraces in its grasp all new conditions which are within the scope of the powers in terms conferred. In other words, while the powers granted do not change, they apply from generation to generation to all things to which they are in their nature applicable. This in no manner abridges the fact of its changeless nature and meaning. Those things which are within its grants of power, as those grants were understood when made, are still within them, and those things not within them remain still excluded.... To determine the extent of the grants of power we must, therefore, place ourselves in the position of the men who framed and adopted the Constitution, and inquire what they must have understood to be the meaning and scope of those grants. [Footnote 1: _South Carolina v. United States_, 199 U.S., 437.] Thus speaks the voice whose word is law. Viewed in the sense intended--as the formulation of a legal rule for the interpretation and construction of a written instrument--the statement |
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