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To: JOHN W K

State ratification documents carry no weight. Where is this apportionment rule re: deficits IN THE CONSTITUTION?


14 posted on 11/19/2011 3:28:57 PM PST by Huck (Not sure if I can pick one.)
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To: Huck
I take it you do not know the most fundamental rule of constitutional law which requires the documented intentions and beliefs under which the Constitution was adopted to be observed and enforced:

“The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.”--- numerous citations omitted, Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19, Par. 92. Intent of framers and adopters as controlling

You may also want to check with Jefferson who wrote:

"On every question of construction [of the Constitution], 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 invented against it, conform to the probable one in which it was passed."--Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.

JWK

The constitution is the act of the people speaking in their original character, and there can he no doubt on the point with us, that every act of the legislative power, contrary to the true intent and meaning of the constitution, is absolutely null and void.”(my emphasis) Chancellor James Kent, in his Commentaries on American Law (1858)

16 posted on 11/19/2011 4:34:41 PM PST by JOHN W K
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