From Michael Maharrey’s newsletter
I’ve been told it’s impossible to know what the Constitution means.
According to one Twitter scholar, “The words of the Constitution are not mathematical formulas. It is arcane. Subject to interpretation.”
He’s absolutely wrong.
The Constitution does not need to be interpreted. In fact, decades of “interpretation” by lawyers and politicians is the reason we’re where we are today – with an overreaching federal government sticking its nose into every nook and cranny of our lives.
The fact is, we know exactly what the various clauses and provisions in the Constitution mean because the supporters of the document told us during the ratification debates.
And as James Madison wrote, “the sense in which the Constitution was accepted and ratified by the nation … is the legitimate Constitution.”
The supporters of ratification left us detailed records of the debates, along with hundreds of essays, speeches and newspaper articles explaining the Constitution. It was on the basis of this understanding that the Constitution was ratified. We also have numerous sources that explain the legal framework that undergirds the Constitution. If we consult this documentation, we come away with virtually no question about the original meaning of the Constitution or the limits on federal power.
Yes – understanding the ratifiers’ intent takes some research and digging. On the other hand, it’s not obscured by some mystical fog. You don’t have to have a law degree. (That’s actually more of a hindrance.) And you don’t have to depend on the Supreme Court.
The truth is people like my Twitter scholar friend claim that you can’t understand the Constitution because they want to expand the powers of the federal government. They embrace the “living breathing document” mantra because it’s politically expedient. But it’s a big fat lie.
Thomas Jefferson told us exactly how to understand the meaning of the Constitution.
“On every question of construction let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed.”
That’s how I approached the subject in my new book.
If you want to learn more about what the Constitution really means, check out Constitution – Owners Manual: The Real Constitution the Politicians Don’t Want You to Know About. You can find more information and links for ordering at ConstitutionOwnersManual.com.