"Today's Constitution is a realistic document of freedom only because of several corrective amendments. Those amendments speak to a sense of decency and fairness that I and other Blacks cherish"
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Marshall refuses the sentimental version of constitutional worship. He treats the Constitution less like sacred scripture and more like a draft that became livable only after Black struggle forced the nation to edit its original terms. The sharp move is in “realistic document of freedom”: freedom isn’t a promise you admire on parchment; it’s a condition you can actually live under. Without “corrective amendments,” the founding text is not merely incomplete, it’s structurally untrustworthy for the people it excluded.
The word “corrective” does quiet but decisive work. It frames the Reconstruction Amendments and later expansions of rights not as optional add-ons or modern “activist” distortions, but as repairs to an instrument that was built with known defects: slavery, disenfranchisement, and a federal design that tolerated both. Marshall’s intent is to relocate constitutional legitimacy from founding myth to democratic revision. He’s arguing that progress is not a departure from the Constitution; it’s the Constitution’s best evidence of moral learning.
The subtext is also personal and strategic. “I and other Blacks cherish” is not a plea for recognition; it’s an assertion of ownership. Marshall, the NAACP lawyer turned justice, speaks from a lifetime of translating ideals into enforceable protections. Decency and fairness here aren’t airy virtues; they’re what amendments make justiciable. The context is Marshall’s broader critique of originalism and his insistence that the document’s authority comes from its capacity to correct injustice, not from pretending the founding era got justice right the first time.
The word “corrective” does quiet but decisive work. It frames the Reconstruction Amendments and later expansions of rights not as optional add-ons or modern “activist” distortions, but as repairs to an instrument that was built with known defects: slavery, disenfranchisement, and a federal design that tolerated both. Marshall’s intent is to relocate constitutional legitimacy from founding myth to democratic revision. He’s arguing that progress is not a departure from the Constitution; it’s the Constitution’s best evidence of moral learning.
The subtext is also personal and strategic. “I and other Blacks cherish” is not a plea for recognition; it’s an assertion of ownership. Marshall, the NAACP lawyer turned justice, speaks from a lifetime of translating ideals into enforceable protections. Decency and fairness here aren’t airy virtues; they’re what amendments make justiciable. The context is Marshall’s broader critique of originalism and his insistence that the document’s authority comes from its capacity to correct injustice, not from pretending the founding era got justice right the first time.
Quote Details
| Topic | Freedom |
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