The argument of strict construction versus loose construction goes back 200 years, and it was based on practical politics rather than highfalutin theory. In the period after the War of 1812, Webster, Clay and Calhoun started out on one side of the divide and ended up on the other as the issues changed.
Let me give you a quote. "The United States Constitution means what the American people wish it to mean." If I told you that was said by an American president and asked you which one, you'd probably pick FDR. But it was said by John Quincy Adams in 1826.
Your choice of Earl Warren as the dividing line -- even though you didn't name him specifically, using the "second half of the 1900's" as your line of demarcation -- is not completely accurate. John Marshall, the "Great Chief Justice", was the Earl Warren of his era and was just as controversial. Marshall was the archetype of the loose constructionist and expanded federal power starting with Marbury in 1803.
I would recommend you read States' Rights and the Union by Forrest McDonald. It tracks the changes in constitutional construction and the concept of federalism for the first 100 years of the Republic.
Thanks for the referral is noted. However, the framers in my opinion did not leave the Constitution open to revision based on the moral thoughts of the day.
” Your choice of Earl Warren as the dividing line — even though you didn’t name him specifically, using the “second half of the 1900’s” as your line of demarcation — is not completely accurate. John Marshall, the “Great Chief Justice”, was the Earl Warren of his era and was just as controversial. Marshall was the archetype of the loose constructionist and expanded federal power starting with Marbury in 1803.”
After reading this I assume you meant this part for someone else because my thoughts were not on the subject you have provided above. If I am confused as to your post, please excuse my lack of understanding.
When I learned the German language, I learned much about the English language as well. I never realized how silly my native tongue was; we have WIND....is it how you wind a clock or is it the horizontal movement of air? Examples of exceptions abound in our language, which sets the ground for mutating the law by mutating the meanings of the words.
The only thing that has changed is some people’s tolerance for crime and perversion. In that course, they are intolerant of those who are intolerant of their beliefs, but they call themselves tolerant.
We’re back to A=A.