Changes

The phrase '''Living Constitution''' means the [[U.S. Constitution]] should be interpreted however a majority of the [[U.S. Supreme Court]] feels it should. This view of the Constitution is closely associated with [[judicial activism]]  and [[Judicial Supremacy]], and is responsible for some of the most dangerous rulings in history.    [[Phyllis Schlafly]] points out in her book ''The Supremacists'' that ""Living" and "evolution" (or "evolving") are code words used by judicial supremacists to express their conceit that they can substitute meanings that were never present in the Constitution or our statutes."<ref>[https://www.eagleforum.org/Supremacists/Ch1.pdf The Supremacists], Chapter 1, by [[Phyllis Schlafly]]</ref>

The phrase '''Living Constitution''' means the [[U.S. Constitution]] should be interpreted however a majority of the [[U.S. Supreme Court]] feels it should. This view of the Constitution is closely associated with [[judicial activism]]  and [[Judicial Supremacy]], and is responsible for some of the most dangerous rulings in history.    [[Phyllis Schlafly]] points out in her book ''The Supremacists'' that ""Living" and "evolution" (or "evolving") are code words used by judicial supremacists to express their conceit that they can substitute meanings that were never present in the Constitution or our statutes."<ref>[https://www.eagleforum.org/Supremacists/Ch1.pdf The Supremacists], Chapter 1, by [[Phyllis Schlafly]]</ref>

The doctrine of the '''living constitution''' places the Supreme Court at the head of an unauthorized, ongoing [[Constitutional Convention]].<ref>[http://www.outsidethebeltway.com/the-supreme-court-as-sitting-constitutional-convention/ The Supreme Court as Sitting Constitutional Convention]</ref><ref>[https://books.google.com/books?id=NFy6N6dRhT0C&pg=PA62 Originalism in American Law and Politics: A Constitutional History]</ref><ref>[http://www.nationalaffairs.com/publications/detail/the-problem-of-judicial-supremacy The Problem of Judicial Supremacy]</ref><ref>[https://books.google.com/books?id=Ea05iZJUFlAC&pg=PA93 All Hail the Death of Truth! the Advent of the Postmodern Era]</ref><ref>[http://spectator.org/48353_ongoing-constitutional-convention/ The Ongoing Constitutional Convention], [[American Spectator]]</ref><ref>[http://www.breitbart.com/big-government/2014/12/05/mark-levin-wows-state-legislators-take-your-power-back/ Mark Levin Wows State Legislators: 'Take Your Power Back'], [[Breitbart.com]]</ref><ref>[http://www.libertylawsite.org/2014/10/01/constitutional-interpretation-in-republican-and-mixed-regimes/ Constitutional Interpretation in Republican and Mixed Regimes]</ref>

The doctrine of the '''living constitution''' places the Supreme Court at the head of an unauthorized, ongoing [[Constitutional Convention]].<ref>[http://www.outsidethebeltway.com/the-supreme-court-as-sitting-constitutional-convention/ The Supreme Court as Sitting Constitutional Convention]</ref><ref>[https://books.google.com/books?id=NFy6N6dRhT0C&pg=PA62 Originalism in American Law and Politics: A Constitutional History]</ref><ref>[http://www.nationalaffairs.com/publications/detail/the-problem-of-judicial-supremacy The Problem of Judicial Supremacy]</ref><ref>[https://books.google.com/books?id=Ea05iZJUFlAC&pg=PA93 All Hail the Death of Truth! the Advent of the Postmodern Era]</ref><ref>[http://spectator.org/48353_ongoing-constitutional-convention/ The Ongoing Constitutional Convention], [[American Spectator]]</ref><ref>[https://www.breitbart.com/big-government/2014/12/05/mark-levin-wows-state-legislators-take-your-power-back/ Mark Levin Wows State Legislators: 'Take Your Power Back'], [[Breitbart.com]]</ref><ref>[http://www.libertylawsite.org/2014/10/01/constitutional-interpretation-in-republican-and-mixed-regimes/ Constitutional Interpretation in Republican and Mixed Regimes]</ref>

==History==

==History==

==2016 Election==

==2016 Election==

During the [[2016 presidential election]], Justice [[Antonin Scalia]], one of the most outspoken critics of the concept of a ''living constitution'',<ref>{{Cite web |title=That Rascal Scalia! |url=http://www.nationalreview.com/bench-memos/52625/rascal-scalia-matthew-j-franck |publisher=[[National Review]]|quote=That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break.}}</ref> passed away.  His passing placed a debate about a "''living constitution''" front and center on the national stage.  The two candidates leading the field of contenders in the [[Republican Party]] discussed the role of the Constitution, the Courts, as well as Scalia's effectiveness as a jurist.  [[Donald Trump]] was critical of the role of the judiciary in deciding non-judicial, legislative matters; stating that the court case [[Roe v. Wade]] "was wrongly decided".<ref>[http://www.breitbart.com/big-government/2016/02/18/trump-vows-defund-planned-parenthood-overturn-roe/ Trump Vows to Defund Planned Parenthood, Overturn Roe], [[Breitbart.com]]</ref>  [[Ted Cruz]] noted that the United States is only "one liberal justice away" from the end of the right to keep and bear arms.<ref>[http://www.breitbart.com/big-government/2015/10/25/ted-cruz-u-s-one-liberal-justice-away-end-gun-rights/ Ted Cruz: U.S. Is One Liberal Justice Away from End of Gun Rights], [[Breitbart.com]]</ref>

During the [[2016 presidential election]], Justice [[Antonin Scalia]], one of the most outspoken critics of the concept of a ''living constitution'',<ref>{{Cite web |title=That Rascal Scalia! |url=http://www.nationalreview.com/bench-memos/52625/rascal-scalia-matthew-j-franck |publisher=[[National Review]]|quote=That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break.}}</ref> passed away.  His passing placed a debate about a "''living constitution''" front and center on the national stage.  The two candidates leading the field of contenders in the [[Republican Party]] discussed the role of the Constitution, the Courts, as well as Scalia's effectiveness as a jurist.  [[Donald Trump]] was critical of the role of the judiciary in deciding non-judicial, legislative matters; stating that the court case [[Roe v. Wade]] "was wrongly decided".<ref>[https://www.breitbart.com/big-government/2016/02/18/trump-vows-defund-planned-parenthood-overturn-roe/ Trump Vows to Defund Planned Parenthood, Overturn Roe], [[Breitbart.com]]</ref>  [[Ted Cruz]] noted that the United States is only "one liberal justice away" from the end of the right to keep and bear arms.<ref>[https://www.breitbart.com/big-government/2015/10/25/ted-cruz-u-s-one-liberal-justice-away-end-gun-rights/ Ted Cruz: U.S. Is One Liberal Justice Away from End of Gun Rights], [[Breitbart.com]]</ref>

These arguments highlight the fact that the courts have provided an end-run-around the amendment process, which is the proper way these changes should be handled.

These arguments highlight the fact that the courts have provided an end-run-around the amendment process, which is the proper way these changes should be handled.

==Internationally==

==Internationally==

Traditionally, the ''living constitution'' concept has primarily been applied to the re-interpretation of the [[Constitution of the United States]].  However, in recent times, questions have started to be asked as to if other constitutions around the globe may also be considered ''living and breathing constitutions''.<ref>[http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5617&context=fss_papers The Roots of the Living Constitution]</ref><ref>[http://www.ruleoflaw.ca/the-true-american-import-to-canada-is-the-living-constitution-not-originalism/ The True American Import to Canada is the Living Tree, not Originalism]</ref>  The constitution of [[India]], for example, is considered to be a living and breathing document.<ref>{{cite book|last1=Hasan|first1=Zoya|last2=Sridharan|first2=Eswaran|last3=Sudarshan|first3=R.|title=India's Living Constitution: Ideas, Practices, Controversies|date=2005|publisher=Anthem Press|isbn=9781843311379}}</ref><ref>[http://timesofindia.indiatimes.com/india/Indias-Living-Constitution/articleshow/5490343.cms India’s Living Constitution]</ref>  The constitution of [[Canada]] is also looked at this way, where the constitution is "a living tree capable of growth and expansion."<ref>[http://www.nytimes.com/2013/10/17/opinion/greenhouse-a-tree-grows-in-canada.html A Tree Grows in Canada], [[The New York Times]]</ref>

Traditionally, the ''living constitution'' concept has primarily been applied to the re-interpretation of the [[Constitution of the United States]].  However, in recent times, questions have started to be asked as to if other constitutions around the globe may also be considered ''living and breathing constitutions''.<ref>[http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5617&context=fss_papers The Roots of the Living Constitution]</ref><ref>[http://www.ruleoflaw.ca/the-true-american-import-to-canada-is-the-living-constitution-not-originalism/ The True American Import to Canada is the Living Tree, not Originalism]</ref>  The constitution of [[India]], for example, is considered to be a living and breathing document.<ref>{{cite book|last1=Hasan|first1=Zoya|last2=Sridharan|first2=Eswaran|last3=Sudarshan|first3=R.|title=India's Living Constitution: Ideas, Practices, Controversies|date=2005|publisher=Anthem Press|isbn=9781843311379}}</ref><ref>[http://timesofindia.indiatimes.com/india/Indias-Living-Constitution/articleshow/5490343.cms India’s Living Constitution]</ref>  The constitution of [[Canada]] is also looked at this way, where the constitution is "a living tree capable of growth and expansion."<ref>[https://www.nytimes.com/2013/10/17/opinion/greenhouse-a-tree-grows-in-canada.html A Tree Grows in Canada], [[The New York Times]]</ref>

What effect a comparison of countries' constitutions will have on the concept of a ''living constitution'' has not yet been determined, since some constitutions are more solid than others.

What effect a comparison of countries' constitutions will have on the concept of a ''living constitution'' has not yet been determined, since some constitutions are more solid than others.

==External links==

==External links==

* [http://www.wsj.com/articles/SB119457845606187586 A 'Living' Constitution and Original Intent], [[Wall Street Journal]]

* [https://www.wsj.com/articles/SB119457845606187586 A 'Living' Constitution and Original Intent], [[Wall Street Journal]]

* [http://www.heritage.org/research/reports/2007/11/the-birth-of-the-administrative-state-where-it-came-from-and-what-it-means-for-limited-government The Birth of the Administrative State: Where It Came From and What It Means for Limited Government], [[Heritage Foundation]]

* [http://www.heritage.org/research/reports/2007/11/the-birth-of-the-administrative-state-where-it-came-from-and-what-it-means-for-limited-government The Birth of the Administrative State: Where It Came From and What It Means for Limited Government], [[Heritage Foundation]]