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Living Constitution (view source)
Revision as of 23:04, December 22, 2016
, 23:04, December 22, 2016→In Support: Justice William Brennan
In testimony in front of the Senate Judiciary Committee, Supreme Court Justice [[Stephen Breyer]] argued that "the hardest problem in real cases is that the words "life, liberty, or property" do not explain themselves, "liberty," nor does "the freedom of speech" say specifically what counts as the freedom of speech."<ref name=sjc>[http://www.gpo.gov/fdsys/pkg/CHRG-112shrg70991/html/CHRG-112shrg70991.htm Considering The Role Of Judges Under The Constitution Of The United States]</ref> He is alluding to what Sunstein plainly stated, that the Constitution has no instruction manual. So he argues in favor of interpretation, that they are "trying to apply this Constitution with those values underlying the words, to circumstances that are continuously changing, is not something that can be done by a computer. Neither of us thinks that. No one thinks that. And, therefore, it calls for human judgment." Judgement is required, "to work out how those ancient values apply to modern circumstances."<ref name=sjc />
In testimony in front of the Senate Judiciary Committee, Supreme Court Justice [[Stephen Breyer]] argued that "the hardest problem in real cases is that the words "life, liberty, or property" do not explain themselves, "liberty," nor does "the freedom of speech" say specifically what counts as the freedom of speech."<ref name=sjc>[http://www.gpo.gov/fdsys/pkg/CHRG-112shrg70991/html/CHRG-112shrg70991.htm Considering The Role Of Judges Under The Constitution Of The United States]</ref> He is alluding to what Sunstein plainly stated, that the Constitution has no instruction manual. So he argues in favor of interpretation, that they are "trying to apply this Constitution with those values underlying the words, to circumstances that are continuously changing, is not something that can be done by a computer. Neither of us thinks that. No one thinks that. And, therefore, it calls for human judgment." Judgement is required, "to work out how those ancient values apply to modern circumstances."<ref name=sjc />
Justice [[William Brennan]] believed that "judicial power resides in the authority to give meaning to the Constitution,"<ref>[http://www.pbs.org/wnet/supremecourt/democracy/sources_document7.html Justice William J. Brennan, Jr. - Speech given at the Text and Teaching Symposium, Georgetown University], [[PBS]]</ref> a surprisingly frank description of how believers in the "living constitution" view the role of the judicial branch of the United States.
===Disfavor===
===Disfavor===