Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ned
When a competent draftsman uses indefinite terms, he does so for the purpose of delegating to future interpreters both the right and the obligation to determine the precise boundaries of their meaning.

I think you're going to have a hard time finding any evidence that the Founders intended for successive generations to reinterpret the rules of the Constitution time and again. You might as well not have a Constitution if those whom it was intended to limit are to be the ones who decide how much it limits them.

As for the 4th amendment's mention of "unreasonable", it actually has a quite specific meaning: If I'm not allowed to do it to you, neither is government - unless it has a warrant, or unless it's in a "hot pursuit" situation that won't admit of delay.

84 posted on 05/14/2002 7:23:39 PM PDT by inquest
[ Post Reply | Private Reply | To 82 | View Replies ]


To: inquest
I think you're going to have a hard time finding any evidence that the Founders intended for successive generations to reinterpret the rules of the Constitution time and again.

Well, we aren't supposed to need to reinterpret these indefinite phrases. We need only apply them to new and different circumstances.

You might as well not have a Constitution if those whom it was intended to limit are to be the ones who decide how much it limits them.

Well, there isn't any alternative to having the present generation interpret and apply the Constitution to current facts and circumstances. The authorization to interpret the meaning of an indefinite or vague phrase does not afford an interpreter with an unlimited range of meanings, but the acceptable options expand as the vagueness increases.

90 posted on 05/16/2002 11:25:50 AM PDT by ned
[ Post Reply | Private Reply | To 84 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson