Did Thomas Jefferson believe in a Living Constitution?

It has been stated by many, that Thomas Jefferson believed in a "living constitution". Below are two common quotes that are used to prove this.   I believe , both of these quotes are quite often taken out of context.  The first one, is really about the assumption of states' debt after the war, while the second one is about the amendment process, not re-interpreting the constitution by  judicial activism or executive powers.

Quote #1

"Every constitution then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force, and not of right".

This is from a letter written in 1789 to James Madison.  At that time, Alexander Hamilton was appointed Treasury Secretary, and was proposing the assumption of debt.  I believe this is the context of the letter that Jefferson wrote.  If you read the entire  letter, you will come to this conclusion.  Jefferson starts with a question about "whether one generation of men has a right to bind another".   Jefferson continues with these words,

"Then no man can, by natural right, oblige the lands he occupied, or the persons who succeed him in that  occupation, to the paiment of debts contracted by him".  

Here, Jefferson is clearly talking about the payment of debts, not laws of marriage or how officials are elected.   Jefferson then goes into a long discussion about the average lifespan of man and when he becomes of age.  He finally arrives at 19 years as the average span of a generation.  Using this generational span, Jefferson gives an example of supposed debt incurred by Louis XIV and XV.  He suggests that if all contracts  were deemed void after 19 years it would put both lenders and borrowers on their guard.   At this point, Jefferson ventures off into a theoretical discussion about "The earth belongs always to the living generation".  He explains that in a similar way it could be proved that no society can make a perpetual constitution or even a perpetual law.  Thus, Jefferson supposes that every law should expire after 19 years.   He admits that there is no perfect "rule by majority", so more than just the ability to repeal would be needed (he expands on this in a letter 30 years later). 

But then, Jefferson applies the concept to property laws and the public domain.   Jefferson explains that the "principle that the earth belongs to the living" has been applied very extensively in every country especially France.   This principle can be applied to laws that appropriate lands to churches, hospitals, colleges etc.  Can the government take it away?   Can the government abolish privileges attached to lands.  What about inheritances?   In every one of these cases, the current legislature can choose to re-appropriate the lands based upon what is currently needed even if the owners had a bonâ fide right to it (aka eminent domain).  In the end Jefferson comes back to the power to contract debts, and asks Madison to consider his logical conclusion.

"Turn this subject in your mind, my dear Sir, and particularly as to the power of contracting debts; and develop it with that perspicuity and cogent logic so peculiarly yours." 

 Jefferson is asking Madison to use to apply this logic to the assumption of debt.  Jefferson concludes that "no nation can make a declaration against the validity of long-contracted debts".  And why?  Because we should never "owe a shilling which may not be paid with ease, principal and interest, within the time of our own lives"  And by the way, Jefferson suggested that the same principle be applied to copyrights and patents, but instead of 19 years it should be 14 years. 

So the principle to take away here is this:   Do not burden the next generation with debt.   All appropriation bills should not only expire within one generation, but also be paid for.   Thomas Jefferson was not suggesting that our constitution expire every 19 years.

Read the full letter here:   http://press-pubs.uchicago.edu/founders/documents/v1ch2s23.html

Quote #2

 "And lastly, let us provide in our constitution for its revision at stated periods. What these periods should be, nature herself indicates"

In this letter, Jefferson is writing to Samuel Kercheval a Virginia lawyer who expressed concerns about the Virginia government.  This letter was regarding the inequality of representation of the people in Virginia's congress and the governor.   Jefferson called it a heresy.  Jefferson stated that the House of Representatives is chosen by less than half the people, the Senate even less, and the governor is entirely independent of the people.  As for the justices, they are the "real executives".  The lower courts are self-chosen and are there for life.

 "They tax us at will; fill the office of sheriff, the most important of all the executive officers of the county; name nearly all our military leaders". 

While this letter was specifically addressing Virginia, Thomas Jefferson took the opportunity to share his overall philosophy on government and the Constitution.  Jefferson asked, "Where then is our Republicanism to be found?".  Jefferson answered his own question:  "Not in our constitution certainly, but merely in the spirit of our people".   That seems to be a strong condemnation against our form of government.   But Jefferson continued to explain that all wasn't so bad.  Despite all of this, "the fruit of our constitution" had prevailed.  Our government had done well, because we had "generally honest men".

Now, Jefferson switched to the constitution itself.   First he admits that it is easier to find faults than amend them.   But amending is not so difficult as it may seem.   Here he gives a very good defense of the constitution. 

"If experience be called for, appeal to that of our fifteen or twenty governments for forty years, and show me where the people have done half the mischief in these forty years, that a single despot would have done in a single year; or show half the riots and rebellions, the crimes and the punishments, which have taken place in any single nation, under kingly government, during the same period."

Then, Jefferson returns to the true foundation of the republican government. It is in the "equal right of every citizen".  Jefferson says that every provision of our constitution hangs directly on the will of the people.  Jefferson says, let every man have a vote.  And let those elected serve only for short intervals.  Finally, Jefferson describes how to divide the state into wards to give every citizen a say in government.  Jefferson is calling for several amendments to the Virginia government.  While these are specific to Virginia, it is logical to believe that he would have the same for the federal govenment.

1. General suffrage
2. Equal representation
3. President elected by the people
4. Election of judges for temporary terms.
5. Election of sheriffs and justices
6. Ward divisions
7. Periodic amendments of the Constitution.

Now, it's that last one which some use to prove that Jefferson believed in a "living constitution".   Jefferson said that some look at the constitution as "the arc of the covenant, too sacred to be touched".   They claim that are founders had a wisdom preceding their time. I will admit, sometimes conservatives today sound this way.  Some even go as far as to say the constitution was inspired by God.   But Jefferson know that age well.  He belonged to it, and labored with it.  Jefferson said  that era was very much like the present, but without the experience of the present, without the 40 years of experience in government.   Jefferson said his experience was worth a century of book-reading.  He said that even the founders who had passed away, if they rose from the dead would agree with him.  Jefferson said that some moderate imperfections are best to leave as is, but the constitution must change with the times. 

"other laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.  We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors"

Many scholars use this as the basis for the suggestion that Jefferson believed in a "living constitution".  But we need to read on.  After Jefferson regurgitates his math to calculate the span of a generation, he asks the question.  How can the constitution be amended. If left up to Congress, then a few would dictate the laws for an entire generation.   Thus, Jefferson had a proposal.      

"the mayor of every ward, on a question like the present, would call his ward together, take the simple yea or nay of its members, convey these to the county court, who would hand on those of all its wards to the proper general authority; and the voice of the whole people would be thus fairly, fully, and peaceably expressed, discussed, and decided by the common reason of the society. If this avenue be shut to the call of sufferance, it will make itself heard through that of force, and we shall go on, as other nations are doing, in the endless circle of oppression, rebellion, reformation; and oppression, rebellion, reformation, again; and so on forever."

So,whether you call it a "living constitution" or just simply "amendments" to our constitution.  Jefferson was proposing that the amendments be ratified by the people, not by the supreme court, not by Congress and not by the President.   This I wholeheartedly agree with!  And I think you do too.   Jefferson never suggested that the constitution needed to be re-interpreted or discarded, but that it should be amended from time to time, but only  by the will of "we the people". 

Read the full letter here:  http://teachingamericanhistory.org/library/document/letter-to-samuel-kercheval/