The mission of this blog is to inform about the importance of Constitutionalism in the modern age. One may ask, “what is Constitutionalism?” Constitutionalism is the study and understanding of the Constitution by looking to the document and intent of the framers to govern society. Constitutionalists do not drift from the substance of it, but rather work within it to meet the needs of the modern day. This is different than the so-called “living constitutionalist” theory of interpretation or progressive approach. Those approaches commonly find themselves using the Constitution as simply a spring-board to meet societal ends.
This is precisely what Alexander Hamilton warned about in Federalist 78 when considering the role of the Supreme Court, “It may truly be said to have neither FORCE nor WILL, but merely judgment.” If looking closely at Hamilton or Publius’ words as he was known by pen name, we can contemplate that the tendency to exert “force” or “will” often occurs when we move away from the Constitution and create our own interpretations on what the law should be rather than what the law is. By working within the Constitution and its boundaries we find ourselves exercising more judgment rather than will which is what Hamilton and the framers intended.
However, we must not neglect the fact that the Constitution did include an element to adjust with the changing times of society. The framers knew that there would be new ideas and problems the young nation would encounter. They were humble enough to realize that they did not have all the answers, thus the amendment process in Article V was created. This is the embedded tool within the Constitution to allow for changes. By using this process we have seen great progress as a nation such as the bill of rights, ending slavery and giving women the right to vote. As judicial activism has increased the need for this process has been sadly lost in the modern age. This concept among other concepts is generally not discussed and when it is, it is often mocked and belittled. As a nation, we should work towards a renewal of using this timeless gift that was given to us by our framers, rather than an over-reliance on the pen and prose of a judge.
This blog will seek to enlighten minds across the legal spectrum with our discussion of modern issues and scholars articulating excellent ideas that should be considered in the mainstream. We welcome all philosophies to this blog and hope one gains a deeper understanding and respect for the Constitution.