The Constitution: "living" or static?

Discussion in 'Politics' started by fromtheright, Jan 1, 2006.

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The Constitution: "living" or static?

  1. Justices are free to look to modern understandings of the Constitution

    80.0%
  2. Justices should look to the original meaning of the words of the Constitution

    20.0%
  3. Justices should seek to determine what the Framers meant and may look more broadly than the text

    0 vote(s)
    0.0%
Multiple votes are allowed.
  1. fromtheright

    fromtheright
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    If past practice is any guide, I suspect that y'all will point out additional/better options I could have included and I'll then put together a better poll. The idea is to get an idea if you guys believe that the Constitution changes with time such that Supreme Court justices are free to decide a case based on more modern understandings or views of the Constitution or its principles or if they should be following a more originalist course. And, of course, if some debate comes out on this question, that would be a good thing, too.

    This is aside from the question whether the Supreme Court has the power to declare laws unconstitutional.
     
  2. Joseph_Botwinick

    Joseph_Botwinick
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    The Constitution does change through time. That is obvious throughout our nation's history. The difference now is that the SC, not the Congress, changes the Constitution.

    Joseph Botwinick
     
  3. fromtheright

    fromtheright
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    JB,

    To give that side the benefit of the doubt, I'm talking about changes perceived the the Supreme Court, not amendments that have been added to document.

    But you raise a good point: is Congress free to legislate based on changes in their own views of the Constitution? Not what they have done, but the proper approach.
     
  4. Joseph_Botwinick

    Joseph_Botwinick
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    I certainly think Congress should have that right, since they are elected officials and accountable to the public for their actions.

    Joseph Botwinick
     
  5. KenH

    KenH
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    The words mean what the words mean.
     

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