The notion that the US Constitution is a "living" document

Nov 2017
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This notion that the US Constitution is a "living" document is nothing more than the courts (or at least SCOTUS) violating the principle of separation of powers between the judicial & legislative branches of government. If you support the notion of the US Constitution being a "living" document, then you support letting the judicial branch violate the principle of separation of powers between itself and the legislative branch; you at least essentially show that you don't care about separation of powers between the 3 branches of government. If you don't care about the separation of powers between the 3 branches of government, but do care about other aspects of government, then you're cherry picking.
 
Jun 2019
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128
ROT
This notion that the US Constitution is a "living" document is nothing more than the courts (or at least SCOTUS) violating the principle of separation of powers between the judicial & legislative branches of government. If you support the notion of the US Constitution being a "living" document, then you support letting the judicial branch violate the principle of separation of powers between itself and the legislative branch; you at least essentially show that you don't care about separation of powers between the 3 branches of government. If you don't care about the separation of powers between the 3 branches of government, but do care about other aspects of government, then you're cherry picking.
if you can change it, amend it, it's living. If you can't, it's dead.

The Declaration of Independence cannot be amended. It's dead, unlike the Constitution...
 
Nov 2013
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El Paso, TX
The US Constitution is a dead document of a brain-dead nation.

John Adams 1798 said:
While our country remains untainted with the principles and manners which are now producing desolation in so many parts of the world; while she continues sincere, and incapable of insidious and impious policy, we shall have the strongest reason to rejoice in the local destination assigned us by Providence. But should the people of America once become capable of that deep simulation towards one another, and towards foreign nations, which assumes the language of justice and moderation, while it is practising iniquity and extravagance, and displays in the most captivating manner the charming pictures of candour, frankness, and sincerity, while it is rioting in rapine and insolence, this country will be the most miserable habitation in the world. Because we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
 
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Nov 2017
2,161
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if you can change it, amend it, it's living. If you can't, it's dead.

The Declaration of Independence cannot be amended. It's dead, unlike the Constitution...


It can be amended, but that doesn't make it "living"; that makes it amendable or amended.

Saying that it's "living" is like saying that it can be changed in the same way 2 + 2 can be changed to equal a value different from 4, such as 5 or -17. 2 + 2 = 4 is not a "living" equation, and it's not a dead equation, either; it's merely truth that 2 + 2 = 4 and not 5, -17, or any other value besides 4. It's Orwellian to claim that a constitution can be or is a "living" document, just as much as it is Orwellian to say that 2 + 2 = 3, or 2 + 2 = 5, or 2 + 2 can equal 3, 4, and 5 at the same time.

The decision for what to put in a constitution when it's being drafted has nothing in itself to do with truth; it's an agreement & it's - in a manner of speaking - arbitrary, but once it's ratified, an assertion about what is or isn't in a constitution is true or false. If X is not in a constitution, then it's false that X is in that constitution; that's a simple matter of logic. Later on if it's amended to have X, then it is now true that X is in that constitution. That is a change to the content of that constitution, not a change to the meaning of anything that's currently in that constitution.
 
Sep 2014
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On the outside, trickling down on the Insiders
The US Constitution is a dead document of a brain-dead nation.
The Constitution Is Democracy's Suicide Note

It should have only been a temporary start-up document, to be superseded by all subsequent legislation. And the most important legislation should be by national referendum, not by representative legislation. The ruling class never allows us to question whether the unnecessary and totalitarian Constitution should exist at all, so this debate is choked off before it can ever be called a "free discussion." As usual, both ruling-class sides want to be dictators, forcing us to have the only option being which side's "Justices" (=Just Us) should be running the Court and our lives.
 
Sep 2014
1,497
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On the outside, trickling down on the Insiders
That's what makes something a living document - it can change.
High-and-Mighty Lowlife

No, what makes something living is that it can die. The Supreme Court thinks of itself as a Supreme Being; that's why it pushes the idea that the Lord of Laws can never die. Pathetic political bullies who support this anti-democratic manifesto, the Constitution, do so because they want to feel superior to the majority.
 
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May 2019
585
13
USA
The US Constitution is a dead document of a brain-dead nation.
SCOTUS buried the US Constitution in an ashes to ashes, dust to dust WW II Nazi concentration camp tradition where stealing & burning them as a way to claim self defense wasn't a crime, but only Federal Sin in a Christian Nation just as 9/11 Freudian slips of lynching enforcement.
 
Jul 2014
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massachusetts
This notion that the US Constitution is a "living" document is nothing more than the courts (or at least SCOTUS) violating the principle of separation of powers between the judicial & legislative branches of government. If you support the notion of the US Constitution being a "living" document, then you support letting the judicial branch violate the principle of separation of powers between itself and the legislative branch; you at least essentially show that you don't care about separation of powers between the 3 branches of government. If you don't care about the separation of powers between the 3 branches of government, but do care about other aspects of government, then you're cherry picking.
Where does it say that in the Constitution?
It doesn't, it doesn't say How something should be interpreted besides saying the court decides.

The purpose of the constitution is to define a reliable decision making process.
Which it does. Whether it's a living document or a dead one, the court decides, and there is no appeal short of an amendment.
unless you pack the court for an issue, and that takes forever.
The constitution is a part of the law, and the law is living, so the constitution lives.
 
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