Originalism v. a Living Constitution
Articles,  Blog

Originalism v. a Living Constitution

One of the biggest debates in law
is whether we should view the U.S. Constitution,
which is really the, American rule book, the contract we have with our government, as a living or dead document. Those who view it as a living document, note that the constitution has many vague
terms and that those terms can adapt as society and technology change. Those who believe in a dead constitution, who are also known as originalists, view that the constitution
as something frozen in time, and if you want to change it, you can change it through the
article five amendment process, as the case Lawrence v.
Texas illustrates. If you view the constitution
as living or as dead, you’re going to come to much different
results whenever you decide cases.

Leave a Reply

Your email address will not be published. Required fields are marked *