Monday, March 27, 2017

The Greatest Danger To American Freedom

Via comment by Ron W on McConnell: No matter what, Judge Gorsuch will be c...

What the Democrats call "extreme" is, I suppose, the opposite extreme of the arbitrary judicial rule they want where judges set aside the plain wording of the law with their subjective interpretation.

"The true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law."
--Thomas Jefferson to Albert Gallatin, 1808. ME 12:59

"On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed."
-Thomas Jefferson to William Johnson, 1823. ME 15:449

"Strained constructions... loosen all the bands of the Constitution." 
 --Thomas Jefferson to George Ticknor, 1817. FE 10:81

"One single object... [will merit] the endless gratitude of society: that of restraining the judges from usurping legislation."
--Thomas Jefferson to Edward Livingston, 1825. ME 16:113

I prefer The objective reading of the law as described by Jefferson so that "judges shall be bound thereby" (Article VI, Section 2).


  1. Yes, because a government that ignores the Constitution by changing it to "a living document" is an arbitrary government which rules by its own subjective reasoning and is therefore, despotic. --Ron W

    "How strangely does the Tool of a Tyrant pervert the Plain Meaning of Words." -- Samuel Adams