“Original Intent” or “Original Meaning”
"Original Intent" or "Original Meaning"“hile remains unaltered, it must be construed now as it was understood at the time of its adoption. It...
English Common Law
English Common Law"The language of the Constitution cannot be interpreted safely except by references to the common law . . . when the...
Declaration of Independence
The Constitution of the United States and all State constitutions derive from, and must conform to and promote, the principles of the Declaration of...
Federalist Papers
Federalist Papers: Inconclusive as to the meaning of any constitutional provision.
Considering the tumultuous circumstances in which they found themselves, even the most prominent figures...
Preamble
Preamble to the ConstitutionThe Preamble sets out the mandatory and unconditional purposes of the Constitution. In so doing, it establishes an overarching rule of...
Bill of Rights
"Further Declaratory and Restrictive Clauses"The preamble to the Resolution which presented for ratification what became the Bill of Rights stated that, “in order to prevent...
Meaning of Words in the Constitution
Words and Phrases in the ConstitutionThat certain words may have developed different meanings over time is inadmissible as an argument for construing the Constitution. For...
Statements From the Founders
Statements and Quotations: InconclusiveThe rule of legal construction that WE THE PEOPLE employed in the late 1700s (and must, absent amendment of the Constitution,...
Contemporary Dictionaries
DictionariesThe “technical” meaning of a word or phrase is the particular meaning the law attaches to it, which almost always will be narrower and...
“Living” Constitution
As a constitutional rule of construction that cannot be repeated to often, “If *** we are at liberty to give old words new meanings ***...
Related Topics
“Official Immunity”
"Official Immunity"The Constitution itself provides for one and only one “official immunity”, in its allowance that, “for any Speech or Debate in either House...
“Left” vs. “Right” Phony Political Spectrum
"Left" vs. "Right"If WE THE PEOPLE revitalize "the Militia of the several States", we will cut across all the dividing lines in the phony...
“Usurpation” and “Tyranny”
"Usurpation"“Usurpation” – the exercise of some otherwise legitimate governmental power as to which the particular actor actor enjoys no legal claim.Source: John Locke, Two Treatises of Government,...
“Living” Constitution
As a constitutional rule of construction that cannot be repeated to often, “If *** we are at liberty to give old words new meanings ***...
“War”: The Constitutional Meaning
"War": The Constitutional MeaningConstitutionally speaking, "War" is a specific set of legal relations between two or more independent nations. Therefore no "War" can be...