Musing of one munching shortbread and wondering if anybody ever tried to bake longbread...

Thanks for the comments including the one from Nick on email. When we made the previous posting, we thought that perhaps some members of the younger generations (and that includes about everybody) would feel impelled to delve into the background and history of the Constitution. In our own amateur analysis (we don't claim to be Constitutional scholars) we detected 3 goals of the Founding Fathers: 1. to establish a strong central government with limited powers 2. to promote individual freedom and to foster the efforts of all individuals in their legitimate pursuit of prosperity 3. to bring the people and government closer together (it's easier to deal with a state or local government than with a remote central government which is trying to deal with 300+ million people). Maybe we should have a Constitution party which would finally get big enough to throw everybody out and start over again.

Musing of one thinking about the New Orleans jazz musician who got extremely charged up and played a jazz piece so hot that his trumpet melted

We thought it would be interesting to look at what various words in the Constitution meant at the time it was written. So we obtained access to the 1979 Reprint of Samuel Johnson's Dictionary of the English Language (1755), which was the authority at that time. Then we selected some of the most frequently quoted provisions of the Constitution and selected some words in each to look up in the dictionary. The results of all this follow.

We selected the following items:
Article 1, Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; * * *
To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; * * *

Amendment I.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

We decided to look up the definitions of several words. These follow:

Regulate:
To adjust by rule or method, To direct

Establishment:
Settlement, fixed state
Confirmation or something already done, ratification
Settled regulation, form, model of a government or family foundation, fundamental principle, settled law
Allowance, income, salary

Provide:
To procure beforehand, to get ready, to prepare
To furnish, to supply with of or with before the things provided
To stipulate
To provide against
To take measures for counteracting or escaping any ill
To provide for, to take care of beforehand

Welfare:
Happiness, success, prosperity


Substituting definitions for the original word, we would have:
Article 1, Section 8.
---To procure beforehand OR get ready OR prepare OR furnish OR supply with of or with before the things provided OR stipulate OR provide against OR take measures for counteracting or escaping any ill OR provide for OR take care of beforehand for the common Defense and general Happiness OR success OR prosperity of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To adjust by rule or method OR To direct Commerce with foreign Nations, and among the several States, and with the Indian tribes;

Amendment I.
Congress shall make no law respecting a Settlement OR fixed state OR confirmation or something already done OR ratification OR settled regulation, form, model of a government or family foundation OR fundamental principle OR settled law OR allowance OR income OR salary of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


In our opinion, if that's what the words meant when the Constitution was written, then that's what they mean. And the only way to change that meaning would be by Constitutional amendment.

We move to wonder if courts ever consider this sort of thing when deciding questions of constitutionality.