Living Constitution

Judicial philosophy
Philosophy of law
Judicial activism Judicial empathy Judicial minimalism Judicial restraint Plain Meaning Rule Strict constructionism Legislative intent Living Constitution Judicial interpretation Judicial accountability Judicial supremacy Judicial independence Originalism Stare decisis Textualism

The term Living Constitution is commonly used to describe the belief that the Constitution of the United States has relevant meaning beyond the original text and is an evolving document that changes over time.

Supporting arguments

Stephen Breyer

Supreme Court Justice Stephen Breyer said during a media apperance in 2003 on ABC News This Week with George Stephanopolus in support of a living constitution: "Through commerce, through globalization, through the spread of democratic institutions, through immigration to America, it's becoming more and more one world of many different kinds of people. And how they're going to live together across the world will be the challenge, and whether our Constitution and how it fits into the governing documents of other nations, I think will be a challenge for the next generation".

Opposing arguments

Antonin Scalia

Associate Justice of the United States Antonin Scalia during a February 23, 2001 lecture at Princeton Justice Scalia explained his opposition to a living constitution that he interprets the Constitution according to the "common sense" meaning and definition of the document's words at the time they were written. Which has contrasted differently from former justices on the Supreme Court of the United States like Sandra Day O'Connor who beleive that the Constitution "changes from age to age in order to meet the needs of a changing society."