Quote:
Originally Posted by fuluck414
Dude, even Alexander Hamilton made the point explicitly, not long after the constitution was ratified, that it was not to be taken litterally. It was just a framework.
The constitution is a contract between the people and the government. A contract is enforced as it is written.
The Constitution is a statute. Statutes are to be applied literally as they are written.
Imbrie v. Marsh, 71 A. 2d 352 - NJ: Supreme Court 1950
This is the historical fact of the matter, although I agree with the majority that
the 1776 Constitution was deemed by its framers to be "a statute, albeit an important statute, of the type of Magna Carta, but nevertheless a statute amendable by any Legislature created under it."
JuPauk v. Board of Trustees of City University of NY, 654 F. 2d 856 - Court of Appeals, 2nd Circuit
Judge Mishler's sensible but difficult conclusion that the Constitution is a "statute"
Reitzer v. Board of Trustees of State Colleges, 2 Conn. App. 196 - Conn: Appellate Court 1984
The plaintiff claims that the constitution is a "statute" within the purview of General Statutes § 4-166 (2) and that therefore his "rights ... or privileges ... are required by statute to be determined... after an opportunity for hearing...."
For purposes of this claim we assume without deciding that he is correct in his assertion
United States v. Goldenberg, 168 US 95 - Supreme Court 1897
The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that he has used. He is presumed to know the meaning of words and the rules of grammar.
No mere omission, no mere failure to provide for contingencies, which it may seem wise to have specifically provided for, justify any judicial addition to the language of the statute.
"No mere omission ... which it may seem wise to have specifically provided for, justif[ies] any judicial addition to the language of the statute"
Jones v. Bock, 127 S. Ct. 910 - Supreme Court 2007
The judge "must not read in by way of creation," but instead abide by the "duty of restraint, th[e] humility of function as merely the translator of another's command."