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Croly, Herbert David, 1869-1930

"The Promise of American Life"

The construction, which
successive generations of Supreme Court Justices have placed upon the
instrument, has tended to enlarge its scope, and make it a legal
garment, which was being better cut to fit the American political and
economic organism. In its original form, and to a certain extent in its
present form, the Constitution was in many respects an ambiguous
document which might have been interpreted along several different
lines; and the Supreme Court in its official expositions has been
influenced by other than strictly legal and verbal reasons--by
considerations of public welfare or by general political ideas. But such
constructive interpretations have been most cautiously and discreetly
admitted. In proclaiming them, the Supreme Court has usually represented
a substantial consensus of the better legal opinion of the time; and
constructions of this kind are accepted and confirmed only when any
particular decision is the expression of some permanent advance or
achievement in political thinking by the American lawyer.


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