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Living Constitution (view source)
Revision as of 17:10, September 20, 2007
, 17:10, September 20, 2007no edit summary
A '''living 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.
A '''living 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. The term is frequently used by [[judicial activism|activist judges]] trying to justify their attempts to legislate from the bench.
[[category:United States Supreme Court Cases]]
[[category:United States Supreme Court Cases]]