Too often we hear some elected official or appointed
bureaucrat refer to the Constitution as a “Living Document” and remark “Well
yes, that is written there, but that is not what our Founding Fathers
meant.” It is an easy task to determine
what they meant. The Federalist Papers
are essays written by these same Founding Fathers. They explain their thinking at the time.
James Madison, in FEDERALIST #44. (Underlining is mine.)
Bills of
attainder, ex-post-facto laws, and laws impairing the obligation of contracts,
are contrary to the first principles of the social compact, and to every
principle of sound legislation. The two former are expressly prohibited by the
declarations prefixed to some of the State constitutions, and all of them are
prohibited by the spirit and scope of these fundamental charters. Our own
experience has taught us, nevertheless, that additional fences against these
dangers ought not to be omitted. Very properly, therefore, have the convention
added this constitutional bulwark in favor of personal security and private
rights; and I am much deceived if they have not, in so doing, as faithfully
consulted the genuine sentiments as the undoubted interests of their
constituents. The sober people of America are weary of the fluctuating
policy which has directed the public councils. They have seen with regret and
indignation that sudden changes and legislative interferences, in cases
affecting personal rights, become jobs in the hands of enterprising and
influential speculators, and snares to the more-industrious and less informed
part of the community. They have seen, too, that one legislative
interference is but the first link of a long chain of repetitions, every
subsequent interference being naturally produced by the effects of the
preceding. They very rightly infer, therefore, that some thorough reform is
wanting, which will banish speculations on public measures, inspire a general
prudence and industry, and give a regular course to the business of society.
The prohibition with respect to titles of nobility is copied from the articles
of Confederation and needs no comment.
Looking at you Moxie Wasserman-Shultz
No comments:
Post a Comment