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To: allmendream
". . . and it was made hard to amend . . . . "

The most significant provision of that amazing Constitution for self-government was that which provided the only valid means for its own amendment in Article V--the Founders' requirement that any amendment would be subject to the will of "its only KEEPERS,"(Justice Story)--"We, the People."

See Dr. Walter Berns' essay entitled, "Do We Have a Living Constitution?" edited and published in the book, "Our Ageless Constitution" (Stedman & Lewis). From that essay come the following excerpts:

"Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon them collectively, as well as individually; and no presumption or even knowledge of their sentiments, can warrant their representatives [the executive, judiciary, or legislature]; in a departure from it prior to such an act." - Alexander Hamilton

Madison spoke out forcefully against frequent appeals to the people for change. Marshall had this Madisonian passage in mind when, in his opinion for the Court in Marbury, he wrote:


42 posted on 01/04/2011 6:06:54 PM PST by loveliberty2
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To: loveliberty2

Thanks for providing the original language to the thoughts we are attempting in our glib modern tongues to convey.

The founders sure could write!


43 posted on 01/04/2011 6:09:48 PM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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