Why Is The Constitution Considered A Living Document
Olivia Luz
The flaw in its inception would be its original intent excluded so many people.
The constitution must be a living document if it is to represent those living today. The constitution is also open to interpretation by the u s. The idea is associated with views that contemporaneous society should be taken into account when interpreting key constitutional phrases. The constitution will never be dead.
To claim that the constitution is a living document that evolves on its own with the times is to say that there is no constitution and you. Former african american supreme court justice thurgood marshall said that the constitution is a living document so anyone who disagrees is a racist. Some believe that this fundamental document can be interpreted dynamically as a reflection of current society rather than as written in the 18th century when the world was a different place. It is because it is adaptable that amendments could be ratified or added to it.
Originalists argue rightfully so same sex marriage is not found in the constitution while ignoring the due process and equal protection that appears prominently. On the one hand the answer has to be yes. If it had not been written with such intentions the government would be. A living constitution is one that evolves changes over time and adapts to new circumstances without being formally amended.
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It s very much alive in that it will always be relevant no matter what the cultural or political climate may be. A living constitution is said to develop alongside the needs of a society providing a more malleable tool for governments. Our written constitution the document under glass in the national archives was adopted 220 years ago.
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