VIEW VIEWPOINT

Constitutional Interpretation

Written by Kerby Anderson March 8 - 2016
The current vacancy on the Supreme Court highlights the ongoing debate about how to properly interpret the Constitution. The late Justice Antonin Scalia wanted the high court to interpret the Constitution the original way the founders intended. An originalist would argue that words have a distinct meaning and are written to convey that meaning to any generation. Likewise, the Constitution was written to communicate a particular meaning yesterday and that still applies today and will apply in the future. An originalist recognizes that some circumstances have changed since the drafting of the Constitution (for example, our modes of travel are different), but the goal is still to understand the original intent of the framers and apply those foundational principles to the contemporary situation. Apparently the founders of this country and the framers of the Constitution were concerned that we would drift from these principles due to incremental changes. James Madison is considered the architect of the Constitution. He warned, “I believe there are more instances of the abridgment of freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpation.” By the middle of the 20th century, there were many who began to describe the Constitution as a “living and breathing document.” Chief Justice Earl Warren proposed that the Constitution should be interpreted in light of “the evolving standards of decency that mark the progress of a maturing society.” Associate Justice Thurgood Marshall was even more explicit when he acknowledged, “You do what you think is right and let the law catch up.” The framers were concerned that future justices would not adhere to constitutional principles. That is why the U.S. Senate should also be concerned. Viewpoints by Kerby Anderson

Viewpoints

View All
Spy balloon
June 4, 2026
Kerby Anderson

Intelligence Gathering

Kerby AndersonOver the last month, we have been talking about China. When talking about China, we usually talk about its strengths and technological developments. But there is another side to intellig...

John adams quote our constitution was made
June 3, 2026
Kerby Anderson

Freedom’s Foundations

Kerby Anderson Freedom in this country depends upon three important foundations: morality, limits, and human rights. First, freedom depends on morality. John Adams observed, “Our constitution was made...

Hausers law in action 1946 2018
June 2, 2026
Kerby Anderson

Raise Tax Rates?

Kerby Anderson With estimates that the federal deficit will increase this year, we are once again hearing comments about making the “rich pay their fair share.” Even if we set aside the moral argument...

Take Action

View All
Support the Safeguarding Women from Chemical Abortion Act
April 15, 2026

Support the Safeguarding Women from Chemical Abortion Act

The abortion pill harms women and kills unborn children. Congress must act.

Support the SAVE Act
April 2, 2026

Support the SAVE Act

SAVE Election Integrity with Voter ID.

FACE Act Repeal Act of 2025
January 12, 2026

FACE Act Repeal Act of 2025

Pro-lifers have been abused under the FACE Act for long enough.

Contact Congress About the Prevent Government Shutdowns Act of 2025
October 15, 2025

Contact Congress About the Prevent Government Shutdowns Act of 2025

Congress needs to get the job done, not run away from work.