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The US Constitution is metaphorically referred to be living by some because it is thought by many to have lost its meaning if only interpreted in a strict constructionist originalist manner, which would mean that the Constitution is best interpreted to only hold its strict, very limited meaning that applied to 18th century society. Many of the reasons for this are that rulings such as ones ending racial segregation, bans on interracial marriage, and etc, that are generally accepted and now quite popular very well may not have been stopped were it not for a liberal interpretation of the Constitution. The idea of a "living Constitution" has acceptance among many (though not all) because the concept is accepted to have advanced American society and progressed equal opportunities.

One prime example is the 14th Amendment's so-called 'Equal Protection Clause', which states:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Originalism would be the philosophy that it should be interpreted to only apply to the historical passage of it - to only apply to freed slaves. Whereas one who prescribes to the philosophy of a 'living Constitution' may take it in a more textualist manner - by what it actually says, "all persons", enabling its interpretation for equal protection on the basis of gender, race (all races, not just freed slaves or African-Americans), disability, or, perhaps - sometimes, sexual orientation.

Some would say that the "Federalist Papers" and the "Anti-Federalist Papers" for the actual conversations and debates that went on surrounding the drafting of our Constitution. However, the relevance would be the judicial philosophy of originalism - the belief that the Constitution should be interpreted as it was written to apply at its adoption, in the 18th century, and not applied to the changes of social mores and perceptions of things like 'equal protection' among the general populace.

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14y ago
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17y ago

Because it is always subject to change.

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Q: How is the US Constitution a living document?
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Related questions

What is the living document or law of the land that governs the US today?

The US Constitution


The US Constitution is a living document because Americans can revise it with what instrument can Americans revise the constitution?

An amendmentapex


Is the Constitution of the US a living document?

yes, because its always subject to change


What is a Individual document files?

its like a document but for the US Constitution


How is the constitution a living document?

bill of right


The constitution is also known as what?

living document


Why can't it be said that the Constitution is a living document?

Of course the statement "the constitution is a living document" is metaphorical, since no document is living, it's a piece of paper with writing on it. As a metaphor, this statement would suggest that the constitution remains relevant and connected to the society which it helped to establish in the late 18th century, which is a long time ago. If you think that the constitution has become irrelevant, then you would say that the constitution is not a living document. Personally I find it to still be relevant.


The framers created article 5 to ensures that?

that the constitution would be a living, breathing document. ~Ham


What was the first document of Us?

The Constitution


What document founded the US?

Constitution


Who said the constitution is not a living organism?

Antonin Scalia, Supreme court justice. "The constitution is not a living organism, it is a legal document."


Why is the constitutuion called a living document?

It's known as living , Because when can edit it , which are called Amendments .