Omar Bennett
Thomas Jefferson, one of the authors of the US Constitution, believed that the country's supreme legal framework should not be regarded as sacred and unchangeable. He thought that a dynamic society like that of the US needed periodic constitutional revisions to avoid being stifled by an outdated social contract. Jefferson's solution was to rewrite the constitution every 19 or 20 years, stating that the earth belongs to the living generation. He also warned against viewing the constitution as too sacred to be touched, arguing that laws and institutions must evolve alongside the progress of the human mind. Jefferson's views on the constitution and his ideas about collecting voices from different generations are still discussed and debated today.
| Characteristics | Values |
|---|---|
| Thomas Jefferson's opinion on the frequency of changing the constitution | Every 19 or 20 years |
| Thomas Jefferson's opinion on the sanctity of the constitution | The constitution should not be regarded as sacred and unchangeable |
| Thomas Jefferson's opinion on the dynamic nature of society and the constitution | "Laws and institutions must go hand in hand with the progress of the human mind" |
| Thomas Jefferson's opinion on the role of each generation in shaping the constitution | "The earth belongs to the living generation" |
| Practicality of Thomas Jefferson's idea in the present day | Unlikely due to constitutional conservatism and the high bar for constitutional amendment |
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What You'll Learn
- Thomas Jefferson's views on the sanctity of the Constitution
- Jefferson's belief in the need for periodic constitutional revision
- The dynamic nature of society and the need for relevant laws
- The role of judges in interpreting constitutional power
- Jefferson's opinion on the revision of state constitutions
Thomas Jefferson's views on the sanctity of the Constitution
Thomas Jefferson believed that the Constitution should not be regarded as sacred. In a letter to Samuel Kercheval on July 12, 1816, he wrote, "Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched." He argued that the Constitution should be revised periodically to keep pace with the progress of society and the changing circumstances. In his view, a static Constitution could suffocate a dynamic society.
Jefferson's views on the sanctity of the Constitution were shaped by his belief in the importance of adapting to change. He understood that societies evolve, and with them, the needs and values of the people. In a letter to James Madison, he declared, "The earth belongs to the living generation," implying that each generation should have the freedom to shape their own laws and institutions. Jefferson's suggestion of tearing up the Constitution every nineteen or twenty years and starting anew was his way of ensuring that society was not constrained by outdated principles.
However, Jefferson also recognized the importance of stability and continuity in governance. In his letter to Kercheval, he stated, "I am not an advocate for frequent changes in laws and constitutions," indicating his awareness of the potential disruptions that could arise from constant revisions. Instead, he favored a balanced approach, where the Constitution could be amended when necessary to reflect the progress of the human mind and the changing circumstances of the time.
Jefferson's ideas on the sanctity of the Constitution were influenced by his experiences as a former president and one of the original authors of the Virginia state constitution. He was approached by Kercheval, who sought his opinion on revising the Virginia constitution to give more legislative power to the western counties. While Jefferson refused to give Kercheval permission to publish his views, he acknowledged the need for periodic constitutional revision.
Overall, Thomas Jefferson's views on the sanctity of the Constitution reflected his belief in the importance of adaptability and progress. He cautioned against treating the Constitution as infallible, arguing that it should be revised to remain relevant to the needs of a changing society. Jefferson's perspective provides valuable insight into the ongoing debate about the role and evolution of constitutional principles in modern times.
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Jefferson's belief in the need for periodic constitutional revision
Thomas Jefferson believed that the constitution should not be regarded as sacred and unchangeable. In a letter to Samuel Kercheval on July 12, 1816, he wrote, "Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched". Jefferson argued that the constitution should be periodically revised to keep pace with the progress of society and the changing circumstances. He wrote, "Laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times".
Jefferson's solution to the problem of a stagnant constitution was to start anew every nineteen or twenty years. He recognised that this approach may be controversial and difficult to implement, as it requires a balance between stability and flexibility. However, he believed that periodic constitutional revision was necessary to prevent society from being suffocated by an outdated social contract. In his view, a constitution that is not amended or revised to keep up with the times can hinder progress and limit the ability of society to address contemporary issues effectively.
Jefferson's ideas on constitutional revision have sparked debates and discussions even in modern times. Some have argued that following Jefferson's advice to periodically revise the constitution could help address issues that are relevant to the current generation. However, others have cautioned against making frequent changes to the constitution, citing concerns about political disasters and the high bar for constitutional amendment. Despite these differing viewpoints, Jefferson's insights provide valuable food for thought and encourage critical thinking about the role and evolution of constitutional law in a dynamic society.
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The dynamic nature of society and the need for relevant laws
Thomas Jefferson's views on the constitution and the law are particularly relevant today. He believed that a dynamic society like the United States needed regular constitutional revision to avoid being stifled by an outdated social contract. This idea of a "living constitution" is a powerful one and has been a topic of debate for many years.
Jefferson's words on this matter are clear: "Laws and institutions must go hand in hand with the progress of the human mind... We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors." He expressed this view in a letter to his close friend James Madison, who was both impressed and shocked by the suggestion. This metaphor of a coat that no longer fits the grown man is a powerful one, and it underlines the need for laws to be relevant and adaptable to a changing society.
Jefferson's belief that the constitution should be rewritten every 19 or 20 years is a controversial one. He argued that no society could create a perpetual constitution or law, as the world is ever-evolving, and the next generation should be free to create their own. This view was expressed in a letter to Samuel Kercheval, an innkeeper and author from Virginia, in 1789, and again in 1816, where he wrote, "Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched."
Jefferson's ideas on the constitution and the law are particularly relevant in today's fast-changing world. While some may argue that the constitution is a sacred document that should not be altered, Jefferson's perspective highlights the importance of ensuring that laws remain current and relevant to the society they govern. This is a delicate balance, as the high bar for constitutional amendment, constitutional conservatism, and partisan paralysis can make it challenging to adjust or reform these documents. However, Jefferson's dynamic vision of society and his belief in the importance of relevant, adaptable laws offer valuable insights for modern-day governance.
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The role of judges in interpreting constitutional power
Thomas Jefferson, in 1789, expressed the belief that no society can make a perpetual constitution, or even a perpetual law. He thought that a dynamic society needed periodic constitutional revision to keep up with the progress of the human mind. Jefferson's solution was to rewrite the constitution every nineteen or twenty years.
The judiciary, as a co-equal branch of the government, has the power to interpret laws. This is distinct from the constitutional powers bestowed on the legislature to write laws and the executive to enforce them. This separation of powers is essential to the system of checks and balances envisioned by the nation's founders. Judges at all levels must follow the Constitution in their decision-making and avoid making policy.
There are several approaches that a court might take when interpreting constitutional law. One approach is to consider the extent of the judiciary's role in deciding a question of constitutional law. Another is moral reasoning, which argues that certain moral concepts or ideals underlie some terms in the text of the Constitution, such as "equal protection" or "due process of law". These concepts should inform judges' interpretations of the Constitution.
Judicial reasoning may also rely on the concept of a "'national ethos', which draws on the distinct character and values of the American national identity and its institutions to elaborate on the Constitution's meaning. Structuralism is another mode of interpretation, drawing inferences from the design of the Constitution, such as the relationships between the three branches of the federal government and the relationship between federal and state governments.
The Supreme Court, when reviewing the constitutionality of governmental action, has relied on certain "methods", and the principle of stare decisis is said to provide more predictability, consistency, and stability in the law.
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Jefferson's opinion on the revision of state constitutions
Thomas Jefferson believed that a dynamic society like that of the United States needed periodic constitutional revision to avoid being stifled by an outmoded social contract. He wrote, "Laws and institutions must go hand in hand with the progress of the human mind. [...] We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors." Jefferson's solution to the problem of a constrictive constitution was to rewrite it every 19 or 20 years.
Jefferson's views on the revision of state constitutions are exemplified by his correspondence with Samuel Kercheval, an innkeeper and author from Virginia, in 1816. Kercheval sought Jefferson's opinion on the revision and amendment of the Virginia state constitution, to which Jefferson responded favourably, acknowledging that the leaders of the 1776 revolution were more focused on eliminating anything associated with monarchy than on creating a well-functioning republic. However, Jefferson refused permission for his views to be published, indicating that he no longer wished to participate in controversies.
In a letter to Kercheval dated July 12, 1816, Jefferson wrote, "I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind." He believed that constitutions should be adaptable to societal changes and advancements, stating that "as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times."
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Frequently asked questions
Yes, Thomas Jefferson believed that a dynamic society like the US needed periodic constitutional revision lest it be stifled by an out-of-date social contract. He suggested tearing up the constitution every 19 or 20 years and starting over.
Jefferson believed that laws and institutions must go hand in hand with the progress of the human mind. He wrote, "We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors."
Thomas Jefferson warned against treating the Constitution as sacred and unchangeable. In a letter to Samuel Kercheval on July 12, 1816, he wrote, "Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched."
