Does Making History Law Render It More Relevant?
The Founders well understood the relative permanence of constitutions and their role, as primary laws, in shaping both subsequent legal enactments and future Americans’ beliefs, values, and behaviors. Thomas Jefferson contrasted the limited protection of religious freedom that his Virginia Statute for Religious Freedom might provide with that which could be secured through a constitution: And though we well know that this assembly, elected by the people for the ordinary purposes of legislation only, have (sic) no power to restrain the acts of succeeding Assemblies, constituted with powers equal to our own, and that therefore to declare this act irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present or to narrow its operation, such act will be an infringement of natural right.[1] Jefferson understood that a social contra
