Saturday, September 17, 2011 4:58 p.m.
Thomas Jefferson's Letter to Samuel Kercheval
In this writing by Thomas Jefferson to Samuel Kercheval, Jefferson addresses what he believes to be the proper manner in which government should serve the public. In particular, he makes the grand argument that the government should be permitted to make adjustments periodically to the Constitution as deemed fit and necessary. He mentions that institutions should "go hand in hand with the progress of the human mind". As with all things, society must adapt to changing circumstances, sciences, advancements, and technologies. Therefore, it is an inherent necessity to modify and adjust our constitution to maintain the pace of change as well. A perfect example of how this applies would be best stated in the need for legislation regarding conduct on the internet. If a completely explicit interpretation of the laws were only applied, people would take advantage of the "loopholes" that our Constitution would not address. Conversely, certain rights or liberties people would think to be commonly accepted, may become undermined. For instance, society believes that there should be a right to privacy granted within it, however, it's not expressly stated that citizens have that privilege. Granted, Jefferson makes the statement that he is not a supporter of frequent changes, but more or less an advocate for moderate modifications.
David,
ReplyDeleteYour case for contemporary interpretations of the Constitution (the "living constitution") makes sense and is in the Jeffersonian spirit. However, the point he is making is somewhat different. He actually says the constitution should be revised on a regular basis. We do it only irregularly and infrequently -- through constitutional amendment.
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