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Living Constitution (view source)
Revision as of 21:30, February 29, 2008
, 21:30, February 29, 2008no edit summary
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.
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.