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who said this “Why we made the laws and Constitution are more important than what it specifically says.”

User Jenya Kirmiza
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2 Answers

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28 votes

Final answer:

The quote suggests an interpretive approach to constitutional law that prioritizes the reasons and purposes behind the Constitution over its literal text. Judicial interpretation plays a key role in how the Constitution is applied, and its flexibility allows for adaption to changing societal needs over time.

Step-by-step explanation:

Understanding the Constitution and Its Interpretation

The statement “Why we made the laws and Constitution are more important than what it specifically says.” reflects a conception of constitutional law that emphasizes the underlying principles and purposes of legal provisions rather than just their literal wording. The Constitution is the supreme law of the country, establishing a hierarchy where it sits at the top, followed by federal treaties, federal laws, state constitutions, state laws, and local ordinances. This hierarchy is an expression of the rule of law, ensuring that all individuals and government officials are subject to the same legal standards.

Historically, figures like Justice Oliver Wendell Holmes and Chief Justice Charles Evans Hughes have articulated the idea that the Constitution is a living document that must adapt to the “felt necessities of the time.” According to Holmes, laws should be judged by their social ends and contributions. Hughes bluntly stated, “We are under a Constitution, but the Constitution is what the judges say it is,” highlighting the role of the judiciary in interpreting the Constitution.

The framers of the Constitution were aware that too specific rules could hinder governance, so they created a document with general principles allowing for flexibility and adaptation. While prominent legal scholars like Joseph Story advocated for a fixed interpretation based on literal meaning and formal amendments for changes, the framers aimed to accommodate both national and local governance needs, allowing the Constitution to evolve with the nation.

User Mattias S
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Answer: From Thomas Jefferson to James Madison, 20 December 1787.

User Sabri
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