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(187) In his essays, Amphictyon accused the Chief Justice of having adopted a "liberal and latitudinous construction" of the Necessary and Proper Clause: (188) "[S]o wide is the latitude given to the words 'general welfare,' in one of these clauses, and to the word 'necessary' in the other, that it will, (if the construction be persisted in) really become a government of almost unlimited powers." (189) This, argued Amphictyon, conflicted with the proper vision of federal power because "[t]he government of the U.S.
The former is small and specific; the latter is large and latitudinous. One is solitary, the other is communal; one is isolated in time, the other draws from the past and bears upon the future.
This layering of interpretation upon interpretation is a thorn in the side of the model of speech, which can hardly comprehend the mixture of exegesis and policymaking that makes up the reading of precedent.(142) From the perspective of the model of speech, it's as if a series of historical accidents had conspired to interpolate the English common-law method, with its latitudinous but covert tradition of judicial discretion, into the heart of American self-government, where judicial discretion ought to have been minimized.