1. Chief Justice John Marshall offered [this] in Marbury v. Madison, the case often credited with establishing judicial review. Marshall wrote that we have a written Constitution so that the limits on government power may not be mistaken, or forgotten and that the Constitution is a rule for the government of courts, as well as of the legislature. Judges are part of the government Marshall wrote that the Constitution represents the intention of the people. Intention is expressed through the meaning, not merely the form, of words. The Constitution could not continue to be the intention of the people if its meaning could be changed by anyone but the people. Quoting George Washington, the Rhode Island Constitution declares that the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. What Is the Constitution? - By Orrin Hatch - The Corner - National Review Online 2. So .how to understand what was meant when the Constitution was written? As a basis for understanding the Commerce Clause, Professor Randy Barnett examined over 1500 times the word commerce appeared in the Philadelphia Gazette between 1715 and 1800. In none of these was the term used to apply more broadly than the meaning in which the word commerce refers to the trade and exchange of goods, and that process, including transportation of same. A common trilogy was agriculture, manufacturing and commerce. a. For an originalist, direct evidence of the actual use of a word is the most important source of the words meaning. It is more important than referring to the broader context, or the larger context, or the underlying principles, which is the means by which some jurists are able to turn black into white, and up into down. 3. Everything changed when Progressives took over law schools. They taught law students a) that there was no natural law, nor unalienable rights, and b) that the Constitution is altered by case law. This meant American lawyers interpreting the Constitution via caselaw rather than through studying the Constitution itself. a. Roscoe Pound (1870-1964), Dean of Harvard Law School, instituted the "taught legal tradition." Pound firmly believed that the implementation of the principles of the taught legal tradition by wise common-law judges resulted in substantive change, which reflected changes in society. As the interpreters of the common law, judges had a special duty to consider the practical effects of their decisions and to strive to ensure that judging facilitated rather than hindered societal growth. Roscoe Pound - definition of Roscoe Pound by the Free Online Dictionary, Thesaurus and Encyclopedia. What was evident in his first published book in law, common with Progressives, was his deep indebtedness to German modes of thinking. b. Pound sought to adjust principles and doctrines of law to the realities of the human condition . wanted to extract wisdom from German social science to apply to American law.: law must leave "conceptions" and open itself up to social realities of the modern world. the backwardness of law in meeting social ends, roscoe pound and jurisprudence and 1903 and nebraska and harvard law school c. He was perhaps the chief U.S. advocate of sociological jurisprudence, which holds that statutes and court decisions are affected by social conditions; his ideas apparently influenced the New Deal programs of Pres. Franklin D. Roosevelt. Roscoe Pound: Biography from Answers.com Again....the premise is that judges are wiser than the Founders..... ...and that their decisions for social justice surpass the guidance of the Constitution. All current lawyers have been taught this. Some rise above it. At the Senate hearings for Judge Robert's Supreme Court nomination, Senator Schumer asked Roberts if the 'little guy' would get special consideration in the court. "If the Constitution says that the little guy should win, then the little guy's going to win in the court before me," Roberts told senators. "But if the Constitution says that the big guy should win, well then the big guy's going to win because my obligation is to the Constitution." Read more: Roberts Sworn In as Chief Justice | Fox News Of course, that is not the view of Progressives. Most lawyers are Progressives.