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The Constitution’s Words Are Not ‘Vague’

The Constitution’s Words Are Not ‘Vague’
"Scene at the Signing of the Constitution of the United States" (1940) by Howard Chandler Christy. House of Representatives via MPI/Getty Images
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Liberal academics and judges frequently claim that many constitutional phrases are vague or meaningless. Or, as stated by former Supreme Court Justice William J. Brennan, they’re “luminous and obscure.”

These academics and judges draw two conclusions: First, that the document doesn’t deserve great respect because it isn’t well drafted. And, second, that the Constitution’s vagueness justifies a very wide scope for the exercise of federal and judicial power.

Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.”
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