The Hammock Papers: Propriety.

21 March 2017

Propriety.

Vanderlyn, James Madison, 1816

I, sir, have always conceived - I believe those who proposed the constitution conceived,and it is still more fully known, and more material to observe, those who ratified the constitution conceived, that this is not an indefinite government deriving its powers from the general terms prefixed to the specified powers - but, a limited government tied down to the specified powers, which explain and define the general terms.

James Madison, speech before Congress, February 6, 1792

I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that is not the guide in expounding it, there may be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense. And that the language of our Constitution is already undergoing interpretations unknown to its founder, will I believe appear to all unbiased Enquirers into the history of its origin and adoption.

James Madison, letter to Henry Lee, June 25, 1824

The best reason to be assigned, in this case, for not having made the Constitution more free from a charge of uncertainty in its meaning, is believed to be, that it was not suspected that any such charge would ever take place; and it appears that no such charge did take place, during the early period of the Constitution, when the meaning of its authors could be best ascertained, nor until many of the contemporary lights had in the lapse of time been extinguished. How often does it happen, that a notoriety of intention diminishes the caution against its being misunderstood or doubted!

James Madison, letter to Joseph Cabell, October 30, 1828

No comments:

Post a Comment

MARCUS AURELIUS

"Is your cucumber bitter? Throw it away. Are there briars in your path? Turn aside. That is enough. Do not go on and say, 'Why were things of this sort ever brought into this world?' neither intolerable nor everlasting - if thou bearest in mind that it has its limits, and if thou addest nothing to it in imagination. Pain is either an evil to the body (then let the body say what it thinks of it!)-or to the soul. But it is in the power of the soul to maintain its own serenity and tranquility."

VINCENT van GOGH

"What am I in the eyes of most people? A nonentity or an oddity or a disagreeable person — someone who has and will have no position in society, in short a little lower than the lowest. Very well — assuming that everything is indeed like that, then through my work I’d like to show what there is in the heart of such an oddity, such a nobody. This is my ambition, which is based less on resentment than on love in spite of everything, based more on a feeling of serenity than on passion. Even though I’m often in a mess, inside me there’s still a calm, pure harmony and music. In the poorest little house, in the filthiest corner, I see paintings or drawings. And my mind turns in that direction as if with an irresistible urge. As time passes, other things are increasingly excluded, and the more they are the faster my eyes see the picturesque. Art demands persistent work, work in spite of everything, and unceasing observation."

DAN CAMPBELL