Columnist, author, and theologian Constitution Is Clearly a Living Document The Constitution must be a living document if it is to represent those living today. The flaw in its inception would be its original intent excluded so many people. A 'no' response is to subscribe to the "originalist" perspective.
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This is generally understood that the Constitution should be interpreted as the framers intended. Such interpretations are allegedly based on a fundamentalist reading of the Constitution along with other key documents of the period, such as the Federalist Papers.
The originalist perspective in theory is designed to counter what many offer as activist judges legislating from the bench. This is a focus-group-tested canard designed to obfuscate reality by relying on the mythical deity of the framers of the Constitution.
There is no doubting the collective greatness of the framers; they were able to craft a document that surpassed their idealistic imagination.
Charles Pinckney was a great American statesman who played a key role in ratifying the Constitution; he also reportedly owned slaves. Does the originalist perspective suggest that we embrace in totality what Pinckney intended?
Though I would not consider myself on an intellectual par with James Madison, I would say that I have a better understanding of what "We the people of the United States in order to form a more perfect union" looks like in the 21st century than he does. Since the Constitution was ratified inthe ongoing struggle in America has been to redefine the "we" to better reflect those who comprise the nation.
In some cases that monumental responsibility has been left to the courts. Should we consider the gains for women and minorities, allowing them to also drink from the wells of democracy, the work of activist judges legislating from the bench because this was not what the Founding Fathers originally intended?
Supporters of Proposition 8 felt former federal Judge Vaughn Walker had subverted their will. Walker ruled the controversial initiative that banned gay marriage was unconstitutional. The majority albeit small felt their will prohibiting same-gender marriage trumped other considerations. If that were true, why have a Constitution?
Moreover, their reliance on the Constitution focuses more on the 10th Amendment, which states: The framers of the Constitution punted on the most pressing issue of their day -- slavery. The result nearly tore the country asunder.
But after the Civil War, the nation survived, spawning the 13th, 14th and 15th Amendments to the Constitution. Support for constitutional principles could have one opposing an outcome they back. Nor do we believe that the Constitution should be confined to the world view of a group of men whose last survivor died years ago.
Originalists argue, rightfully so, same-sex marriage is not found in the Constitution, while ignoring the due process and equal protection that appears prominently.The Constitution is a document that explains our nation's guiding principles and the rights guaranteed to all U.S.
citizens. Many countries have constitutions.
But our Constitution is the oldest written national constitution in existence. Because it has passed the test of time, many countries have. Apr 16, · The Constitution must be a living document if it is to represent those living today.
The flaw in its inception would be its original intent excluded so many people. The Founders believed that the Constitution was a legally binding agreement between Americans and their government. Here are some quotes contrasting the views of some of the document's framers with that of some politicos of more recent times.
Throughout America's adventure in free government, such basic purposes have been to keep the peace; to foster progress in human achievement, and to enhance liberty, dignity and integrity among. In United States constitutional interpretation, the living Constitution (or loose constructionism) is the claim that the Constitution has a dynamic meaning or that it has the properties of an animate being in the sense that it changes.
The idea is associated with views that contemporaneous society should be taken into account when interpreting. The U.S.
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 changing needs of the country.