Economics Magazine

But I Am a Strict Constitutionalist

Posted on the 23 May 2013 by Lachmannian @TheLachmannian

I got asked in the comments section in the previous post (Chambless on Hamilton: Round 2):

In defense of libertarian scholars, you dont see a problem in having a liberal interpretation of the Constitution? These are strict rules put in place on the central government, how can you just have a liberal interpretation and ignore some of the most fundamental rules that limits the government to protect individual rights?

I am being criticized for advocating the “liberal interpretation” of the Constitution, as to say, I advocate the position that the Constitution does not have this “end all, be all” mentality on the structures of government. Yes, I support this position, but it is the position advocated by the defenders of the Constitution in The Federalist Papers. Sure there are certain general rules that the government cannot just change, but the details of government, of course they can. As I said in the previous post, the Founding Fathers did not know of problems that America would face in the future, nor did they pretend to know, which is why the Constitution is so vague and short, especially compared to other constitutions.

The way I derive this position though is not from arm chair logic though, i derive it straight from the Constitution and I also use The Federalist Papers help out with what specific things imply, since these were the main set of papers that defended the Constitution and advocated for its ratification. So I am being a “strict constitutionalist”. This was how the Constitution is supposed to be viewed.

We have Tea Partyers and other right wingers claiming this label, but without evidence to back up their views. They think they are the actual strict constitutionalists for advocating the position of “if it does not say it directly, it does not go!” They protest wearing those American colonist costumes assuming this is how the Constitution, and its Founding Fathers that influenced its passing, was supposed to be interpreted.

Though, little do they know that it is the “liberal interpretation” that is the strict constitutionalist view


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