"Interpreting" the Constitution.

[03_SHOOTER]

There has been much discussion of late, both among the citizenry, and even in the various levels of the Courts as to "interpreting" the Constitution, and to that end, I offer the words of Thomas Jefferson, the man known as "the mind behind the man (Madison)" who wrote the Constitution;

Originally Posted by Thomas Jefferson

It may be impracticable to lay down any general formula of words which shall decide at once, and with precision, in every case, this limit of jurisdiction. But there are two canons which will guide us safely in most of the cases. 1st. The capital and leading object of the constitution was to leave with the States all authorities which respected their own citizens only, and to transfer to the United States those which respected citizens of foreign or other States: to make us several as to ourselves, but one as to all others. In the latter case, then, constructions should lean to the general jurisdiction, if the words will bear it; and in favor of the States in the former, if possible to be so construed. And indeed, between citizens and citizens of the same State, and under their own laws, I know but a single case in which a jurisdiction is given to the General Government. That is, where anything but gold or silver is made a lawful tender, or the obligation of contracts is any otherwise impaired. The separate legislatures had so often abused that power, that the citizens themselves chose to trust it to the general, rather than to their own special authorities. 2d. On every question of construction, 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. Let us try Cohen’s case by these canons only, referring always, however, for full argument, to the essays before cited.

Thomas Jefferson to William Johnson, Oct. 27, 1822