John B. Winslow Quotes
When an 18th century constitution forms the charter of liberty of a 20th century government, must its general provisions be construed and interpreted by an eighteenth century mind in the light of eighteenth century conditions and ideals? Clearly not. This were to command the race to halt in its progress, to stretch the state upon a veritable bed of Procrustes.
This quotation is an excellent statement of the argument of interpreting a constitution—in this case Wisconsin’s—in light of modernity or to only interpreted consistent with the original intent and mindset.
John B. Winslow, 1891-1920, Chief Justice of the Wisconsin Supreme Court, 1911
Sourced by: Eigen's Political and Historical Quotations
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.
The Chinese had a custom of binding the feet of female young children so that they would never grow large. Small feet were considered beautiful. However, the woman was almost crippled by the process and could barely walk.
1st Earl of Beaconsfield
The Grammar Curmudgeon. This is one side of a fundamental argument within America as to the Constitution. The other side argues that the original intent of the Founding Fathers should prevail. That their principles are what has made America great, and we do not want to deviate from those. In determining Constitutionality, it is the original intent that should prevail even if the issues are ones of which the founding fathers had no inkling such as the ability of a nuclear power to destroy much of the nation before Congress could be called into session or that police could use geo-positioning devices to track the movement of citizens. Or that women could prove themselves the equal of (or superior to) in intellectual pursuits and would want to participate in politics and policy making.
Great crises like wars, frequently and great scientific and technical breakthroughs produce many situations that were never envisioned by the founding fathers when they drafted The Constitution. The Civil War had many of these.
John Bradley Winslow was an American lawyer and jurist. He was the 10th Chief Justice of the Wisconsin Supreme Court, serving from 1908 until his death in 1920. Before being appointed to the Wisconsin Supreme Court, Winslow served as a Wisconsin circuit court judge for seven years and was city attorney of Racine, Wisconsin, from 1879 to 1883.
