Quote by Joseph McKenna, WEEMS v. U.S., 2

Legislation, both statutory and constitutional, is enacted, it is true, from an experience of evils but its general language should not, therefore, be necessarily confined to the form that evil had theretofore taken. Time works changes, brings into existence new conditions and purposes. Therefore a principle, to be vital, must be capable of wider application than the mischief which gave it birth. This is peculiarly true of constitutions. They are not ephemeral enactments, designed to meet passing occasions. They are, to use the words of Chief Justice Marshall, 'designed to approach immortality as nearly as human institutions can approach it.' The future is their care, and provision for events of good and bad tendencies of which no prophecy can be made. In the application of a constitution, therefore, our contemplation cannot be only of what has been, but of what may be. Under any other rule a constitution would indeed be as easy of application as it would be deficient in efficacy and power. Its general principles would have little value, and be converted by precedent into impotent and lifeless formulas. Rights declared in words might be lost in reality. And this has been recognized. The meaning and vitality of the Constitution have developed against narrow and restrictive construction.


Legislation, both statutory and constitutional, is enacted,

Summary

This quote emphasizes the importance of interpreting legislation, particularly constitutional law, in a way that is adaptable to changing times and circumstances. It argues that laws should not be narrowly confined to addressing specific past issues, but should have broader principles that can be applied to future situations. It emphasizes that constitutions are not temporary measures, but rather long-lasting mechanisms designed to address both present and future challenges. The quote suggests that a rigid and narrow interpretation of laws would diminish their effectiveness and impede the protection of rights. Instead, it advocates for a flexible approach to constitutional interpretation that allows for growth and development.

Topics

Law
By Joseph McKenna, WEEMS v. U.S., 2
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