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Us constitution living document essay


us constitution living document essay

and that is true of common law systems, too. A common law approach is superior to originalism in at least four ways. "We are afraid to put men to live and trade each on his own stock of reason Burke said, "because we suspect that this stock in each man is small, and that the individuals would do better to avail themselves of the general bank and. Constitution Basics, from the days of its inception at the Philadelphia Convention, the Constitution was made to be amended. The Common Law, pick up a Supreme Court opinion, in a constitutional case, at random. Characteristically the law emerges from this evolutionary process through the development of a body of precedent. Does the originalist perspective suggest that we embrace in totality what Pinckney intended? A 'no' response is to subscribe to the "originalist" perspective. Sometimes-almost always, in fact-the precedents will be clear, and there will be no room for reasonable disagreement about what the precedents dictate. Sometimes the past is not a storehouse of wisdom; it might be the product of sheer happenstance, or, worse, accumulated injustice.

Originalism's trump card-the principal reason it is taken seriously, despite its manifold and repeatedly-identified weaknesses-is the seeming lack of a plausible opponent. Those who oppose the living document viewpoint often prefer to actively change the Constitution via amendments rather than to re-frame it via personal interpretation. If a practice or an institution has survived and seems to work well, that is a good reason to preserve it; that practice probably embodies a kind of rough common sense, based in experience, that cannot be captured in theoretical abstractions. But originalism forbids the judge from putting those views on the table and openly defending them. The "boss" need not be a dictator; it can be a democratically-elected legislature.



us constitution living document essay

On the one hand, the answer has to be yes: there s no realisti c alternative to a living Constitution. Our written Constitution, the document under. Constitution is called a living document because it was created with the purpose of being able to grow and change (just like a living thing) with the. Well the meaning of the living document is the provisions by which it may be alter. Most justices agree that the writers of the Constitution prudently chose.


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