The purpose of a state Constitution is two-fold: (1) to protect the rights of the individual from encroachment by the State; and (2) to provide a framework of government for the State and its subdivisions. It is not the function of a Constitution to deal with temporary conditions, but to lay down general principles of government which must be observed amid changing conditions. It follows, then, that a Constitution should not contain elaborate legislative provisions, but should lay down briefly and clearly fundamental principles upon which government shall proceed, leaving it to the people's representatives to apply these principles through legislation to conditions as they arise.
-John J. Parker, Chief Judge of the United States Court of Appeals for the Fourth Circuit (1925-58)
Wednesday, May 28, 2008
The purpose of a state Constitution...
Posted by Brian at 2:39 PM
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