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SOUTH CAROLINA v. U S "Constitution is a written instrument...meaning does not alter..." | |
Perry O'Bibble User ID: 722051 United States 07/09/2009 06:04 PM Report Abusive Post Report Copyright Violation | Compliments of our researcher in Missouri... The Constitution is a written instrument. As such its meaning does not alter. That which is meant when adopted, it means now. STATE OF SOUTH CAROLINA v. U S, 199 U.S. 437 (1905) [link to caselaw.lp.findlaw.com] "The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted, it means now. Being a grant of powers to a government, its language is general; and, as changes come in social and political life, it embraces in its grasp all new conditions which are within the scope of the powers in terms conferred. In other words, [199 U.S. 437, 449] while the powers granted do not change, they apply from generation to generation to all things to which they are in their nature applicable. This in no manner abridges the fact of its changeless nature and meaning. Those things which are within its grants of power, as those grants were understood when made, are still within them; and those things not within them remain still excluded. As said by Mr. Chief Justice Taney in Scott v. Sandford, 19 How. 393, 426, 15 L. ed. 691, 709: " 'It is not only the same in words, but the same in meaning, and delegates the same powers to the government, and reserves and secures the same rights and privileges to the citizen; and as long as it continues to exist in its present form, it speaks not only in the same words, but with the same meaning and intent with which it spoke when it came from the hands of its framers, and was voted on and adopted by the people of the United States. Any other rule of construction would abrogate the judicial character of this court, and make it the mere reflex of the popular opinion or passion of the day.' " |
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