Think Free, Live Free

An intellectual and visceral examination of all things free, with a healthy emphasis on the right of free men to own arms.

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Location: Macon, Georgia, Southeast United States

Co-founder of the Mercer Law School Second Amendment Society and fan of freedom at home and abroad. Admirer of Thomas Jefferson, James Madison, and Ronald Reagan. Detester of political correctness and the false dogma it imposes. Not entirely as vain as this profile sounds.

Tuesday, October 25, 2005

The Constitution as Contract

Here is something for all those geniuses that insist the Constitution is a living document, and the relevance of certain provisions changes with time...
If the Constitution is anything, it is a contract. The Constitution is a pact, charter, or contract, between, I believe, the states, representing the people, and the new federal government.

Contract law is very common sense. While contracts were interpreted more strictly in earlier times, and extrinsic evidence is easier to introduce to help clarify a contract, one of the goals of contractual interpretation is to interpret a contract as the parties entering into that contract intended.

It would not be fair for A to make a contract with B and change the rules mid-game because A's circumstances have changed. A and B are bound by the contract. So it should be with the Constitution. Some states got together, wrote articles for their common government, which were duly approved, and that government took effect. Later, more states petitioned for full membership in this union. The union has changed significantly since the first states "formed the club." But the rules remain the same, except for properly encated amendments.

We cannot be a nation of laws if individuals with black robes can decide what the Constitution "means today," because that changes the meaning of the Constitution outside its enumerated procedures for amendment. The constant flux of meaning would in time destroy all meaning of the Constitution and we will descend into a not a nation of laws, but a nation of men.

Think Free, Live Free


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