What is needed is an understanding of our constitutional system’s fundamental rules for determining what our constitution means.
Let us establish some fundamental rules of constitutional law from an accepted voice of authority.
Intent of constitution
16 Am Jur 2d Constitutional law
Par. 92. Intent of framers and adopters as controlling.
The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.
16 Am Jur, Constitutional Law, “Rules of Construction, Generally”
Par. 88–Proceedings of conventions and debates.
Under the principle that a judicial tribunal, in interpreting ambiguous provisions, may have recourse to contemporaneous interpretations so as to determine the intention of the framers of the constitution, the rule is well established that in the construction of a constitution, recourse may be had to proceedings in the convention which drafted the instrument. (numerous citations omitted )
Also see par. 89-- The Federalist and other contemporary writings“
Under the rule that contemporaneous construction may be referred to it is an accepted principle that in the interpretation of the Constitution of the United States recourse may be had to the Federalist since the papers included in that work were the handiwork of three eminent statesmen, two of whom had been members of the convention which framed the Constitution. Accordingly, frequent references have been made to these papers in opinions considering constitutional questions and they have sometimes been accorded considerable weight.”(numerous citations omitted )
Also note that under the rules of constitutional construction
16 Am Jur 2d Constitutional law
Meaning of Language
Ordinary meaning, generally
”Words or terms used in a constitution, being dependent on ratification by the people voting upon it, must be understood in the sense most obvious to the common understanding at the time of its adoption…”__ (my emphasis) The Court is not free to make the words or phrases in our Constitution mean whatever they so desire, but are confined to their original understanding as understood by our founding fathers.
JWK
Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records ___ its framing and ratification debates which give context to its text ___ wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean
