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Old April 24th, 2008, 01:29 PM   #1

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History of Constitutional Interpretation


What methodology did the lawmakers intend for the Constitution to be interpreted according to? I say they intended for the common law rules of construction to be used. What say you?
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Old April 24th, 2008, 04:19 PM   #2
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Re: History of Constitutional Interpretation


They based much of it on the 1688 Bill of Rights which enshrined liberties including freedom of speech and the right to vote and bear arms.
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Old April 24th, 2008, 07:11 PM   #3

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Re: History of Constitutional Interpretation


They based alot of it on the Art. of Confederation as well!
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Old April 25th, 2008, 05:46 AM   #4

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Re: History of Constitutional Interpretation


When we interpret the Constitution, should the words of the Constitution be generally understood in their usual signification, or should we understand them in their unusual signification?

When we interpret the Constitution, should we have high regard, or little regard, for the propriety of grammar?

When we interpret the Constitution, should terms of art, or technical terms, be taken according to the acceptation of the learned in each art, trade, and science, or should we ignore the acceptation of the learned in each art, trade, and science?
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Old April 25th, 2008, 05:55 AM   #5

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Re: History of Constitutional Interpretation


Hi, Mick Jagger

What would an example be?
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Old April 25th, 2008, 02:55 PM   #6

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Re: History of Constitutional Interpretation


Quote:
Originally Posted by Nick View Post
They based much of it on the 1688 Bill of Rights which enshrined liberties including freedom of speech and the right to vote and bear arms.
Huh?

Quote:
Your music rocks btw

Thanks, mate.
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Old April 30th, 2008, 02:00 PM   #7

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Re: History of Constitutional Interpretation


never mind
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Old April 30th, 2008, 02:04 PM   #8

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Re: History of Constitutional Interpretation


Quote:
When we interpret the Constitution, should the words of the Constitution be generally understood in their usual signification, or should we understand them in their unusual signification?
The words of the Constitution should be generally understood in their usual signification, because that was the rule of law at the time the instrument was made.
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Old April 30th, 2008, 02:41 PM   #9

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Re: History of Constitutional Interpretation


Well, the Constitution was written by Madison, not Chaucer.

The various principles of common law have different applications, but I think perhaps the most important is that of ruling that the law means literally what it says, even if a mis-placed semicolon reverses common sense - you know, the separation of powers.
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Old April 30th, 2008, 02:46 PM   #10

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Re: History of Constitutional Interpretation


Quote:
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Well, the Constitution was written by Madison
No it wasn't.

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The various principles of common law have different applications, but I think perhaps the most important is that of ruling that the law means literally what it says,
There was no such common law principle of interpretation at the time the Constitution was made.
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