"The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it"
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Felix Frankfurter's quote, "The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it", highlights the primacy of the Constitution as the definitive guide and requirement when figuring out the constitutionality of laws and federal government actions. This declaration highlights several essential concepts about constitutional interpretation and the role of legal analysis and judicial review.
At its core, Frankfurter's assertion champs the concept that the Constitution holds supreme authority in the American legal system. It recommends that any analysis, judicial opinion, or legal precedent should be measured against the Constitution itself, rather than being entirely reliant on previous analyses or commentaries by jurists, scholars, or lawmakers. This view lines up with the teaching of constitutional supremacy, which presumes that the Constitution is the greatest legal authority and that other laws or judicial choices must conform to its concepts.
Moreover, Frankfurter's quote can be viewed as a caution against over-reliance on judicial analysis or historic precedent at the cost of the Constitution's initial text and intent. While judicial viewpoints can supply important insight and guidance, they ought to not eclipse the foundational document. Instead, the Constitution must be read and understood directly to understand the framers' intent and the file's genuine significance.
This perspective also touches on the argument between originalism and more progressive interpretations of the Constitution. Originalism holds that interpretation must be based on the original understanding at the time it was embraced, while others argue for a living Constitution that adjusts to contemporary society. Frankfurter seems to lean towards originalism, firmly insisting that adherence to the text is vital.
In addition, the quote reflects an appreciation for the Constitution as a living file but within a structure that respects its long-lasting principles. It acknowledges the importance of interpretations in legal discourse while reiterating that they can not change the authority of the Constitution itself. Eventually, Frankfurter's quote requires fidelity to the Constitution as the bedrock of American law, ensuring that its application continues to uphold its fundamental purpose and worths.
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