The Living Constitution is a concept in the United States of America, also referred to as loose constructionism, constitutional interpretation which claims that the Constitution has a dynamic meaning or that it has the properties of a human in the sense that it changes. The idea is associated with views that contemporaneous society should be taken into account when interpreting key constitutional phrases.
While the arguments for the Living Constitution vary, they can generally be broken into two categories. First, the pragmatist view contends that interpreting the Constitution in accordance with long outdated views is often unacceptable as a policy matter, and thus that an evolving interpretation is necessary. The second, relating to intent, contends that the constitutional framers specifically wrote the Constitution in broad and flexible terms to create such a dynamic, "living" document. Opponents of the idea often argue that the Constitution should be changed through the amendment process, and that allowing judges to interpret the constitution "impoverish democracy." The primary alternative to the Living Constitution is most commonly described as originalism.
Read more about Living Constitution: Living Constitution, Equal Protection and Due Process Clauses, Points of Contention, Debate, Internationally
Famous quotes containing the words living and/or constitution:
“We may live without her, and worship without her, but we cannot remember without her. How cold is all history, how lifeless all imagery, compared to that which the living nation writes, and the uncorrupted marble bears!”
—John Ruskin (18191900)
“If you complain of neglect of education in sons, what shall I say with regard to daughters, who every day experience the want of it? With regard to the education of my own children, I find myself soon out of my depth, destitute and deficient in every part of education. I most sincerely wish ... that our new Constitution may be distinguished for encouraging learning and virtue. If we mean to have heroes, statesmen, and philosophers, we should have learned women.”
—Abigail Adams (17441818)