Constitutional law living constitutionalism

  • Living constitutionalists believe that the meaning of the constitutional text changes over time, as social attitudes change, even without the adoption of a formal constitutional amendment pursuant to Article V of the Constitution.
Living constitutionalists contend that constitutional law can and should evolve in response to changing circumstances and values.
Originalists argue that the meaning of the constitutional text is fixed and that it should bind constitutional actors. Living constitutionalists contend that constitutional law can and should evolve in response to changing circumstances and values.
Originalists argue that the meaning of the constitutional text is fixed and that it should bind constitutional actors. Living constitutionalists contend that constitutional law can and should evolve in response to changing circumstances and values.

Does a living Constitution become the Constitution?

The "someone," it's usually thought, is some group of judges

So a living Constitution becomes not the Constitution at all; in fact it is not even law any more

It is just some gauzy ideas that appeal to the judges who happen to be in power at a particular time and that they impose on the rest of us

Is there a realistic alternative to a living Constitution?

A living Constitution is one that evolves, changes over time, and adapts to new circumstances, without being formally amended

On the one hand, the answer has to be yes: there's no realistic alternative to a living Constitution

Our written Constitution, the document under glass in the National Archives, was adopted 220 years ago

What is living constitutionalism?

Proponents of Living Constitutionalism contend that allowing for growth is natural given that the Constitution is broad and limitations are not clearly established

Originalism and Living Constitutionalism are the two primary forms of constitutional interpretation employed by the Supreme Court


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