{{cquote|All that progressives ask or desire is permission-in an era when “development," "evolution," is the scientific word-to interpret the Constitution according to the Darwinian principle; all they ask is recognition of the fact that a nation is a living thing and not a machine.<ref>{{cite web |title=Woodrow Wilson Asks “What Is Progress?” |url=http://www.heritage.org/initiatives/first-principles/primary-sources/woodrow-wilson-asks-what-is-progress |work=[[Heritage Foundation]]}}</ref>}}
{{cquote|All that progressives ask or desire is permission-in an era when “development," "evolution," is the scientific word-to interpret the Constitution according to the Darwinian principle; all they ask is recognition of the fact that a nation is a living thing and not a machine.<ref>{{cite web |title=Woodrow Wilson Asks “What Is Progress?” |url=http://www.heritage.org/initiatives/first-principles/primary-sources/woodrow-wilson-asks-what-is-progress |work=[[Heritage Foundation]]}}</ref>}}
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Other progressives have also had a hand in the development of this concept, such as [[Louis Brandeis]] with his [[Louis Brandeis#Brandeis_Brief|Brandeis Brief]]. Brandeis would later catalog some of his thoughts on what had occurred.<ref>The Living Law,, [[Louis Brandeis]] Illinois Law Review, February 16, 1916</ref>
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Other progressives have also had a hand in the development of this concept, such as [[Louis Brandeis]] with his [[Louis Brandeis#Brandeis_Brief|Brandeis Brief]]. Brandeis would later catalog some of his thoughts on what had occurred.<ref>The Living Law, [[Louis Brandeis]] Illinois Law Review, February 16, 1916</ref>
===Phrase===
===Phrase===
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==Usage==
==Usage==
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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.
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One of the first times the phrase "living Constitution" was expressly used inside the court room was by the [[liberal]] four-Justice dissent in ''[[Rummel v. Estelle]]''<ref>[https://supreme.justia.com/cases/federal/us/445/263/case.html Rummel v. Estelle, 445 U.S. 263 (1980)]</ref>. It has been implicitly embraced by the left side of the Court in numerous rulings since.