Carl Levin Quotes
The Constitution is a document that should only be amended with great caution.
Levin, Carl. "Flag Desecration Constitutional Amendment." Congressional Record, 109th Cong., 2nd Sess., Vol. 152, 27 June 2006, p. S6544.
The argument was Prohibition, the 18th Amendment.
The quotation he gives from the first Chief Justice is from McCulloch v. Maryland, 1819. The issue is one that has divided jurists and politicians ever since the Constitution was ratified was should it be interpreted literally giving credence only to that which the framers specifically intended or as Hughes, Marshall and most modern interpreters believe that the principles should be interpreted in the light of the times. The Founding Fathers never envisaged an Internet or a potential enemy who could kill millions of Americans without sending large contingents of soldiers to our shores.
There are some conservatives who accused Brennan of altering the Constitution from the bench by his opinions. However, there is an unending debate as to how the constitutional interpreters should deal with concepts and reality that did not exist at the time of the Constitutional Convention and were unconcieved of. Some justices like Brennan believe that the principles of the Constitution should be extended and extrapolated to modernity. Others believe that in the absen?ce of specific language even Supreme Court just should not try and extrapolate. Both are reputable views and as time and technology march ahead, the issue is joined more frequently. For example, the Founding Fathers did not conceive of atomic weapons. But they insisted that Americans have the right to bear arms. An atomic bomb is a type of arm—a weapon of war and defense. Does an individual American have the right to have his own atomic bomb?
When the Constitution was presented for ratification there were many who demanded changes before ratification to insure the rights of individuals and States. Others, agreeing that amendments were necessary, argued for passage after ratification. As soon as the Constitution was ratified, the first 10 Amendments—The Bill of Rights—were also passed.
Carl Milton Levin is an American attorney and retired politician who served as a United States Senator from Michigan from 1979 to 2015. He was the chair of the Senate Committee on Armed Services and is a member of the Democratic Party.
