On the recordFebruary 28, 1994
If I could respond to my friend, as I have indicated, we feel there is sufficient experience in the State and even in the Federal legislation to give us significant direction. I refer, as the esteemed former chief justice of the Alabama Supreme Court knows, that John Marshall wrote on a number of occasions but I think never any more concisely than he did in the McCulloch versus Maryland case where he said: The Constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public. Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves * * * We must never forget that it is a constitution we are expounding. I would just reiterate to my friend the main difference between the Reid amendment and the Simon amendment is that we are suggesting that capital expenditures not be included to balance the budget, Social Security be off budget and there be a provision for recessionary times. That is the main difference. There is a limit, as Justice Marshall said, that you can put in this document. We have given, as he has suggested, an outline.
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