Difference between revisions of "Living Constitution"
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| − | A '''living Constitution''' (or sometimes known as an "[[Evolving | + | A '''living Constitution''' (or sometimes known as an "[[Evolving constitution]]") is one that changes based on perceptions of the changing views of the public. As a practical matter, it means the [[U.S. Constitution]] should be interpreted however a majority of the [[U.S. Supreme Court]] feels. |
The phrase "living Constitution" was expressly used by the [[liberal]] four-Justice dissent in ''Rummel v. Estelle'', 445 U.S. 263 (1980), and it has been implicitly embraced by the left side of the Court in numerous rulings. | The phrase "living Constitution" was expressly used by the [[liberal]] four-Justice dissent in ''Rummel v. Estelle'', 445 U.S. 263 (1980), and it has been implicitly embraced by the left side of the Court in numerous rulings. | ||
Revision as of 21:31, February 29, 2008
A living Constitution (or sometimes known as an "Evolving constitution") is one that changes based on perceptions of the changing views of the public. As a practical matter, it means the U.S. Constitution should be interpreted however a majority of the U.S. Supreme Court feels.
The phrase "living Constitution" was expressly used by the liberal four-Justice dissent in Rummel v. Estelle, 445 U.S. 263 (1980), and it has been implicitly embraced by the left side of the Court in numerous rulings.