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We
simply cannot trust the voices that have become prominent in recent
court decisions, in order to accurately interpret the true spirit
and original intent of the First Amendment. There
has been an extreme liberty taken in selectively “interpreting”
our forefathers’ intentions. We MUST study the spiritual
and political commentary, as well as the societal backdrop of
ALL of the founding fathers, from the earliest roots of America
until the actual birth of the new nation.
Jefferson, himself, understood the importance
of rightly interpreting law as it was originally intended,
when he asserted that...
“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.” #24
And
likewise:
"A
departure from principle in one instance becomes a precedent for
a second; that second for a third; and so on, till the bulk of
the society is reduced to be mere automatons of misery, to have
no sensibilities left but for sin and suffering." #25
Justice
Joseph Story, nominated by James Madison
to the Supreme Court, and founder of
Harvard Law School added that ….
“The
first and fundamental rule in the interpretation of all instruments
(documents) is to construe them according to the sense of the
terms and the intention of the parties.” #26
Justice
James Wilson, one of the first original Supreme
Court Justices, one of only six men who signed both the
Declaration of Independence and the Constitution,
and co-author of America’s first legal commentaries
on the Constitution, stated that…
“The
first and governing maxim in the interpretation of a statute is
to discover the meaning of those who made it.”
#27
And
Noah Webster warned about the effects of interpreting
the language of any writing, without discerning the common
knowledge of the period in which it was written:
“In
the lapse of two or three centuries, changes have taken place
which in particular passages …. obscure the sense of the
original languages … The effect of these changes is that
some words are … being now used in a sense different from
that which they had (and thus) present wrong signification or
false ideas. Whenever words are understood in a sense different
from that which they had when introduced … mistakes may
be very injurious.” #28
All
four of these founding fathers (and many others) understood the
abuses that could arise when officials do not take the time to
carefully study the background of the ordinances they are appointed
to interpret. With societal changes, misinterpretation comes easily
when decades or even centuries have passed between the period
the law was written and the period in which it is being interpreted.
24)
George Washington, Address of George Washington, President
of the United States ... Preparatory to His Declination (Baltimore:
George and Henry S. Keating, 1796), pp. 22-23. [return
to document]
25) Thomas Jefferson,
The Writings of Thomas Jefferson, Memorial Edition (Washington,
D.C.: Thomas Jefferson Memorial Association, 1904) Vol. XV,
p. 40, to Samuel Kercheval, 1816. [return to
document]
26) Joseph Story,
Commentaries on the Constitution of the United States (Boston:
Hilliard, Gray, and Company, 1833), Vol. III, p. 383, §400.
[return to document]
27) James Wilson,
The Works of the Honourable James Wilson, Bird Wilson, editor
(Philadelphia: Bronson and Chauncey, 1804), Vol. I, p. 14, from
“Lectures on Law Delivered in the College of Philadelphia;
Introductory Lecture: Of the Study of the Law in the United
States.” [return to document]
28) Noah Webster,
The Holy Bible . . . With Amendments of the Language (New Haven:
Durrie & Peck, 1833), p. iii. [return to
document]
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