Of course, attempting to draft and subsequently ratify such a detailed Constitution would have proven to be an impossible task. A specific example from the constitution illustrates this point. In defining the congress ability to carry into execution its enumerated powers under Article i, sec. 8 of the constitution, the Framers made an editorial decision to grant Congress a wide-ranging power to pass all laws. Necessary and proper for that purpose. As James Madison explained in Federalist Paper 44, this decision was made largely for the sake of convenience: Had the convention attempted a positive enumeration of the powers necessary and proper for carrying essay their other powers into effect; the attempt would have involved. 1, this, of course, was not the framer's intent. Aside from the practical obstacles in actually drafting such a document, the Framers also wanted to keep the constitution accessible to Americans of all backgrounds.
The constitution was designed specifically to be a living document. Critics of the living Constitution often suggest resume that the original intent or meaning of specific language in the constitution should govern its legal application unless and until any constitutional amendments are passed to change. The profound irony of this approach to constitutional interpretation, however, is that it flunks its own test ; the vast weight of historical evidence suggests that the Framers of the constitution originally intended the meaning of the constitution to change over time. The brevity of the document. At the time of its ratification in 1788, the constitution was only 4500 words long and fit on four (admittedly large) pages. By contrast, congressional legislation today is typically hundreds of pages long, and usually begins with a lengthy list of terms and definitions to clarify the precise meaning of its language. If the framers of the constitution really intended the constitution to define the precise scope of the entire federal government and the nature of core individual rights for all of perpetuity, then one would have expected the body of the constitution to be significantly larger.
Aggregate, academic writers and jurists have cited the federalist Papers. The federalist Papers Essay - critical Essays - m Essays and criticism on The federalist Papers. The federalist Papers Essay. This Page Only; Entire Study guide; pdf the federalist - online library of Liberty - liberty fund The federalist : a collection/by Alexander Hamilton. 46 The subject of the last paper resumed;. 70 The same view continued). The constitution should be interpreted as a living document for two reasons: 1) the constitution was written deliberately vague enough to change over time, and 2) interpreting the constitution as a living document has resulted in tremendous progress for our country.
The federalist: a commentary on the constitution of the
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Federalist Papers Summary
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