The Language of Law and the Foundations of American Constitutionalism
America’s Founders believed that creation of the Constitution signaled acceptance of the belief that men could create their governments from what Alexander Hamilton called “reflection and choice” and not be doomed to whatever fate may bring as a result of “accident and force.” At the heart of this idea is the further confidence that language, as John Locke said, “is the great instrument and common tye of society.” The Founders held that their written and ratified Constitution of limited enumerated powers was understood to be the embodiment of what Hamilton called the ‘intention...