The
Fenwick Review Testimonium Perhibere Veritati
February 2014
Volume XXI, Issue 5
The Independent Journal of Opinion at the College of the Holy Cross
In Their Own Words
A Defense of Constitutional Originalism Steven Merola ‘16 Staff Writer Broadly speaking, there are two schools of thought concerning the interpretation of the Constitution. There is the “Living Document” school, which asserts that the Constitution is a living, breathing document that morphs and adapts to suit the animus of the age. On the other hand, there is the originalist school of thought, which views the Constitution as an enduring document, and finds its true meaning in the Framers’ original understanding of the text. For the sake of a proper understanding and honest interpretation of our founding document, it would seem that
originalism is the necessary method. Central to an originalist interpretation is a firm rooting in the text of a particular piece of legislation (that is, textualism). The reason for this is clear: in the creation of the legislation, the thing which was agreed upon by the legislative body was the law’s text. A particular law’s “spirit” cannot objectively be analyzed or determined; as such, abstractions away from the text towards discovering a law’s “purpose” are fraught with imprecision and subjectivity. Adherence to the text, on the other hand, binds the interpreter of laws to what is in front of him. He is not free to impose his extraneous views on the law, without regard to words or historical context.
This is particularly applicable to the interpretation of the United States Constitution. One would expect the document which provides the legal framework for our whole governance to be very lengthy and complex. However, the Constitution is barely ten pages long. Despite this brevity, the Framers labored, day in and day out, for months on the composition of this document. It follows, then, that each word in the Constitution was carefully chosen to express a particular idea, each clause carefully phrased to form a particular rule. None of the phraseology was accidental or sloppy; rather, the Constitution’s brevity demands logographic necessity. This also calls us to consider
why the Framers made a written constitution at all. If they had intended for its meaning and application to shift over time, what need would there have been to write it down? The living constitution model has no concern for stability or endurance. Yet, why would the Framers have composed a document full of words which could be interpreted differently years later? They would not have, and so the fact that that ours is a written constitution places great importance upon its specific text. As James Madison (the “Father” of the Constitution) noted in a letter to Henry Lee “I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. Continued on page 6
Toward Tolerant Secularism V-Day & Vulgarity Competing Concepts of Church-State Relations By Chase Padusniak ‘15 ..... page 7
A Review of the Vagina Monologues By Marian Blawie ‘16 ..... page 10
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