The Bill of Federalism

Article [of Amendment 10] — [No Judicial Alterations of the Constitution]

Proposed Text

The words and phrases of this Constitution shall be interpreted according to their meaning at the time of their enactment, which meaning shall remain the same until changed pursuant to Article V.

Professor Barnett's Commentary

The tenth proposed amendment ensures that the text of the Constitution remains the supreme law of the land by preventing judges from ignoring or changing the linguistic meaning of the text of the Constitution by “interpretation.” It requires that judges obey the text of the Constitution until it is properly changed by a constitutional amendment. A constitution that is ignored or systematically misinterpreted is a dead constitution. Only if the Constitution is actually followed can it accurately be considered as a “living constitution.”

Public Comment Section on the Second Amendment of the Bill of Federalism

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