Debate
By its nature, the "living Constitution" is not held to be a specific theory of construction, but a vision of a Constitution whose boundaries are dynamic, congruent with the needs of society as it changes. This method also has its critics; in the description of Chief Justice William Rehnquist, it "has about it a teasing imprecision that makes it a coat of many colors."
It is important to note that the term "living Constitution" is sometimes used by critics as an aspersion, while some advocates of the general philosophy avoid the phrase. Opponents of the doctrine tend to use the term as an epithet synonymous with judicial activism. (Itself a hotly debated phrase.) However, just as some conservative theorists have embraced the term Constitution in Exile (which similarly gained popularity through use by liberal critics), and textualism was a term which once had pejorative connotations before its widespread acceptance as a badge of honor, some liberal theorists have embraced the image of a living document as appealing.
Read more about this topic: Living Constitution
Famous quotes containing the word debate:
“Abject flattery and indiscriminate assentation degrade, as much as indiscriminate contradiction and noisy debate disgust. But a modest assertion of one’s own opinion, and a complaisant acquiescence in other people’s, preserve dignity.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)
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“A great deal of unnecessary worry is indulged in by theatregoers trying to understand what Bernard Shaw means. They are not satisfied to listen to a pleasantly written scene in which three or four clever people say clever things, but they need to purse their lips and scowl a little and debate as to whether Shaw meant the lines to be an attack on monogamy as an institution or a plea for manual training in the public school system.”
—Robert Benchley (1889–1945)