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sivo authority to rule on the constitutionality of our laws has become accepted by nearly 200 years of practice despite the strong objection of our Third President. From a practical viewpoint, it is now impossible to go back to the original intent of the Constitution. What is possible is that we be careful in appointing Justices of the Supreme Court to assure that they will limit the power they wield.
We need to guard against Judges who advocate a “liberal'' interpretation of the Constitution. Here, I am using the definition that I gave in a prior article — “Free; not literal or strict; as a liberal construction of law.” A person can be a political “Liberal" and agree that a “liberal” interpretation of the Constitution is dangerous. Indeed, such a person could truly say that he is a Jeffersonian Democrat.
In discussing the powers of
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