Jonah Patel
The first debates about constitutional interpretation in the US centred on the Bank of the United States, the Alien and Sedition Acts, and internal improvements. These debates were characterised by disagreements over whether the Constitution was a compact among the states or whether it sprang from the assembled people. In other words, was it more like a legislative bargain or a public act announcing the law of the land? The issue of constitutional interpretation was also raised in 1985 by Attorney General Meese, who sparked a dramatic public debate on the question.
| Characteristics | Values |
|---|---|
| Date | July 1985 |
| People involved | Attorney General Meese, President Ronald Reagan |
| Previous precedent | Interpretation of the Federal Constitution |
| Disagreement | Whether the Constitution was a compact among the states or sprang from the assembled people |
| Interpretation | Interpreted in light of the original meaning and common understanding of those who ratified it |
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What You'll Learn
The Bank of the United States
The first debates over constitutional interpretation concerned the Bank of the United States, the Alien and Sedition Acts, and internal improvements.
The bank was controversial, with critics charging that its fiscal caution was constraining economic development. The debate over its constitutionality contributed significantly to the evolution of pro- and anti-bank factions into the first American political parties—the Federalists and the Democratic-Republicans, respectively. Antagonism over the bank issue grew so heated that its charter could not be renewed in 1811.
The Second Bank was formed five years later, bringing renewed controversy despite the U.S. Supreme Court’s support of its power. The Bank of the United States continued to stir controversy and partisanship, with Henry Clay and the Whigs ardently supporting it and Andrew Jackson and the Democrats fervently opposing it. Jackson removed all federal funds from the bank after his reelection in 1832, and it ceased operations as a national institution after its charter expired in 1836.
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The Alien and Sedition Acts
The four laws were: the Naturalization Act, the Alien Friends Act, the Alien Enemies Act, and the Sedition Act. The Naturalization Act increased the requirements to seek citizenship, raising the waiting period for naturalization from five to 14 years. The Alien Friends Act allowed the president to imprison and deport non-citizens, and the Alien Enemies Act gave the president additional powers to detain non-citizens during times of war, invasion, or predatory incursion. The Sedition Act criminalized false and malicious statements about the federal government and banned the publishing of such writings.
The Alien Friends Act and the Sedition Act expired in 1800, and the Naturalization Act was repealed in 1802. The Alien Enemies Act, as amended, is still in effect. The Alien and Sedition Acts were one of the first issues to open a debate over constitutional interpretation in the United States.
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Internal improvements
The first debate over constitutional interpretation was over whether the Constitution was a compact among the states or whether it sprang from the assembled people. This was a debate over whether the Constitution was more like a legislative bargain memorialised in a private act or whether it was more like a public act announcing the law of the land.
The debate over the nature of the Constitution had important implications for how it should be interpreted and how it could be improved. If the Constitution was seen as a compact among the states, then it would be interpreted as a legislative bargain, with each state having a say in how it was implemented. This would give the states more power and allow them to have a direct impact on the interpretation of the Constitution. On the other hand, if the Constitution was seen as springing from the assembled people, then it would be interpreted as a public act, with the power resting in the hands of the people. This would give the people more say in how the Constitution was interpreted and implemented.
The debate over internal improvements was also a debate over the role of the federal government. If the Constitution was seen as a compact among the states, then the federal government would have a more limited role, with the states having more power to make improvements and changes. If the Constitution was seen as springing from the assembled people, then the federal government would have a more active role, with the power to make improvements and changes resting in the hands of the people.
The debate over internal improvements was also a debate over the best way to interpret the Constitution. If the Constitution was seen as a compact among the states, then it would be interpreted using the legal tools and conventions of interpretation that were already in common use. This would mean that the interpretation of the Constitution would be based on precedent and the existing legal system. If the Constitution was seen as springing from the assembled people, then it would be interpreted in a more flexible and dynamic way, with the understanding that the original meaning of the document may be unknowable or irrelevant. This would allow for more creative and innovative interpretations of the Constitution, based on the current needs and values of the people.
The debate over internal improvements was also a debate over the role of the Supreme Court. If the Constitution was seen as a compact among the states, then the Supreme Court would have a more limited role, with the states having the final say in how the Constitution was interpreted and implemented. If the Constitution was seen as springing from the assembled people, then the Supreme Court would have a more active role, with the power to interpret the Constitution and make decisions based on their understanding of fundamental principles of moral philosophy. This would give the Supreme Court more power to shape the interpretation and implementation of the Constitution.
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The Federal Constitution
The debate over whether the Constitution was a compact among the states or whether it sprang from the assembled people was, at bottom, a debate over whether it was more like a legislative bargain memorialised in a private act or whether it was more like a public act announcing the law of the land. This debate was sparked by critical policy differences that emerged among American statesmen in the First Congress. Hamilton and Madison, once united as authors of the Federalist Papers, found themselves on different sides of this debate. Each insisted that the Constitution must be interpreted to vindicate his views.
This debate over constitutional interpretation has continued to the present day, with some legal scholars contending that the document must be interpreted in light of the original meaning and common understanding of those who ratified it. Others suggest that the original meaning of the document as drafted by the founders is unknowable or irrelevant and that constitutional decision-making should be based on a judge's understanding of certain fundamental principles of moral philosophy.
In July 1985, Attorney General Meese sparked a dramatic public debate on the question of constitutional interpretation, which culminated in the appointment by President Ronald Reagan of William H.
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The role of judges and their interpretation of the Constitution
One of the earliest debates centred around the nature of the Constitution itself. Was it a compact among the states or did it spring from the assembled people? This debate was, in essence, a disagreement over whether the Constitution was more like a legislative bargain or a public act announcing the law of the land.
The first Congress saw critical policy differences emerge among American statesmen, with Hamilton and Madison, once united as authors of the Federalist Papers, finding themselves on opposing sides of the interpretation debate. Each insisted that the Constitution be interpreted to support their own views, and in doing so, they opened a discussion about interpretation that would characterise the nation's constitutional jurisprudence until the 1820s.
Lawyers, however, tend to rely on precedent rather than creating new rules to suit new situations. Thus, they turned to legal tools devised for interpreting legislation, a form of written law with consistent interpretive rules that were familiar to American lawyers.
Even today, the method of interpretation remains a point of controversy, with legal scholars disagreeing on whether the document should be interpreted in light of its original meaning or if constitutional decision-making should be based on a judge's understanding of fundamental principles of moral philosophy.
In July 1985, Attorney General Meese sparked a public debate on constitutional interpretation, which led to the appointment of William H. Rehnquist as Chief Justice of the United States by President Ronald Reagan.
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Frequently asked questions
The first arguments about constitutional interpretation concerned the Bank of the United States, the Alien and Sedition Acts, and internal improvements.
The debate was characterised by disagreements over whether the Constitution was a compact among the states or whether it sprang from the assembled people.
The Federal Constitution was a novelty, and lawyers were faced with the challenge of interpreting it without the benefit of established rules or precedent.
The debate over constitutional interpretation characterised the nation's constitutional jurisprudence until the 1820s.
Yes, in July 1985, Attorney General Meese sparked a public debate on constitutional interpretation, which led to the appointment of William H. Rehnquist as Chief Justice by President Ronald Reagan.
