Why did the liberal construction of the Constitution prevail?

Answered by Phillip Nicastro

The liberal construction of the Constitution prevailed for a variety of reasons, but one of the main factors was the necessity for national action during times of war and economic crises. Throughout American history, the country has faced numerous challenges that required a strong and centralized government to address. This consensus among the American public that the government should have the power to solve national problems has played a significant role in shaping the interpretation of the Constitution.

During times of war, such as the Civil War and World War II, the need for a unified and powerful national government became apparent. The war efforts required the coordination of resources, the mobilization of troops, and the implementation of policies that could only be effectively carried out by a strong central authority. In these moments, the idea of strict constructionism, which advocates for a narrow and limited interpretation of the Constitution, became impractical and unworkable. The liberal constructionists argued that the Constitution should be interpreted in a way that allowed the government to take necessary actions to protect and preserve the nation.

Similarly, economic crises such as the Great Depression and the recent financial crisis have also called for national action. In times of economic turmoil, the government plays a critical role in stabilizing the economy, implementing regulations, and providing assistance to those in need. Liberal constructionists argue that the Constitution should be interpreted in a way that allows the government to respond quickly and effectively to economic crises, even if it means expanding its powers beyond what is explicitly stated in the text.

The American public has generally supported the idea that the government should have the power to solve national problems. This consensus has been shaped by a variety of factors, including the belief that the government has a responsibility to protect and promote the general welfare of its citizens. Additionally, the American public has often turned to the government for solutions during times of crisis, expecting it to take swift and decisive action.

Furthermore, the understanding of the Constitution has evolved over time as societal norms and values have changed. The Constitution was written over two centuries ago, and its original intent may not always be applicable to contemporary challenges. Liberal constructionists argue that the Constitution should be interpreted in a way that reflects the changing needs and realities of society. This allows the government to adapt and address new and complex problems that the framers of the Constitution could not have foreseen.

The liberal construction of the Constitution prevailed largely because wars and economic crises necessitated national action. The consensus among the American public that the government should have the power to solve national problems has influenced the interpretation of the Constitution. The understanding of the Constitution has also evolved over time, reflecting the changing needs and values of society. These factors have contributed to the dominance of liberal constructionism in shaping the role and powers of the federal government in addressing national challenges.