Thread: Constitutionalism 101

Constitutionalism 101 | Print | E-mail
Written by Patrick Krey
Monday, 11 May 2009 18:00
If one wants a nearly thorough education about the U.S. Constitution, it would be wise to examine the following: the notes from the Constitutional Convention, the public editorials written both for and against the proposed Constitution that followed, the state ratification debates, and the actual document itself. These all give one an almost comprehensive knowledge of the U.S. Constitution, although, as any law student will explain, modern constitutional law consists solely of Supreme Court cases mostly from the last 50-100 years. So why should someone bother wasting time on the above-mentioned items when they’re no longer relevant to our federal system of governance?

Constitutional Interpretation

Of all the confusion and numerous misconceptions surrounding the Constitution, none is more prevalent than the notion that the Supreme Court is the ultimate arbiter of the Constitution. Referring to the Supreme Court as the ultimate arbiter means that they get the final say on what the Constitution means and, in addition, can reinterpret it on a whim. This couldn’t be further from what the original Framers and ratifiers of the Constitution had in mind. One of the first cases read by students of constitutional law is Marbury v. Madison. Without delving into all the details surrounding Marbury, students are taught that the court opinion by Chief Justice John Marshall establishes the Supreme Court as the final arbiter of the Constitution. This role, as it is commonly taught, means the Supreme Court can say what is and what is not constitutional, even going so far as to create new legal doctrines independent of the founding period.


Constitutional scholar William J. Watkins disagrees that this is what Marbury actually said: “Today, Marbury is cited for the proposition that the Supreme Court is the final arbiter of the Constitution. This interpretation divorces Marbury from its historical roots and grossly overstates the holding of that case.â€

As we stand on the brink of EO amnesty...read everything you can find here on the constitution.