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Chief Justice John Marshall argued that a constitution "requires
that only its great outlines should be marked and] its important
objects designated." Ours is "intended to endure for ages to come,
and consequently, to be adapted to the various crises of human
affairs." In recent years, Marshall's great truths have been
challenged by proponents of originalism and strict construction.
Such legal thinkers as Supreme Court Justice Antonin Scalia argue
that the Constitution must be construed and applied as it was when
the Framers wrote it.
In Keeping Faith with the Constitution, three legal authorities
make the case for Marshall's vision. They describe their approach
as "constitutional fidelity"--not to how the Framers would have
applied the Constitution, but to the text and principles of the
Constitution itself. The original understanding of the text is one
source of interpretation, but not the only one; to preserve the
meaning and authority of the document, to keep it vital,
applications of the Constitution must be shaped by precedent,
historical experience, practical consequence, and societal change.
The authors range across the history of constitutional
interpretation to show how this approach has been the source of our
greatest advances, from Brown v. Board of Education to the New
Deal, from the Miranda decision to the expansion of women's rights.
They delve into the complexities of voting rights, the
malapportionment of legislative districts, speech freedoms, civil
liberties and the War on Terror, and the evolution of checks and
balances.
The Constitution's framers could never have imagined DNA, global
warming, or even women's equality. Yet these and many more
realities shape our lives and outlook. Our Constitution will remain
vital into our changing future, the authors write, if judges remain
true to this rich tradition of adaptation and fidelity.
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