It is our institutional law which,
flowing like our blood through the written Constitution, gives that
instrument vitality and power of development.
Institutional law existed before the Constitution. Our institutions
had their beginnings well-nigh with the beginning of time. They have
developed through the ages. Magna Charta only marked a period in their
growth; the assertion of the rights of the Commons marked another;
our Revolution marked another; the adoption of our Constitution marked
another still.
I have no respect for constitutional learning which deals alone with
the written words of the Constitution, or even with the intention of
its framers, and ignores the sources and spirit of that great
instrument. The Constitution did not give us free institutions; free
institutions gave us our Constitution. All our progress toward liberty
and popular government, made since the adoption of the Constitution,
has been the spirit of our institutions working out its sure results,
through the Constitution when possible, modifying it when necessary.
Jefferson wrote in the Declaration of Independence a denunciation of
slavery, and called it an "execrable commerce.
Pages:
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276