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Re: I'm sick of the "living document" fable
Reply #20 - 03/11/13 at 14:37:02
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The Constitution is a living document, and for very good reason.  The articles of the Constitution and the subsequent amendments are considered to be "always speaking", which means that they continue to evolve as the times evolve.   It is this concept that allows us to have protection from various electronic searches, from technology that can scan us and our homes without even setting foot inside, that permits us the rights of free speech outside of a physical assembly, etc.

Without the ability for the courts to evolve the constitution over time, it would have become an irrelevant document that needed replacing years ago.   The simple truth is that right now, our country is too politically fractured to pass any amendments, and there's no telling when or if that might ever change.  With that sitting as a cloud over the rigid document concept, I'm personally glad that we have in place a method for judicial review.

The truth is that documents are drafted by politicians.  While our Founders were great men, and the document is an excellent one, held up to great esteem by all, it isn't perfectly clear on everything.  There are many areas where question can be raised, and without the court to interpret that, how do we go forward?

And now, after over 200 years of judicial review, how can we stop now?  The precedent has been set.  You cannot say that for 200 years, judicial review was acceptable, but now it isn't.  Where would we freeze the review?  In whose favor would it be?   

The Founders were well aware of the concept of judicial review when they crafted the Constitution (Alexander Hamilton had even been involved in several early judicial review cases before attending the Convention), and if they didn't want it, they could have expressly forbidden it.  They did not do so, and we can consider that important when deciding if the document is to be considered "living". 

It's also important to note that semantics plays a role here.  If we consider the courts to be interpreting the Constitution, it sounds as if they're reaching above themselves.  If, however, you consider what it actually is, them interpreting a law as it pertains to the Constitution, then it is just as was implied in the Constitution itself.

The Congress makes laws, many laws.  If the courts cannot judge those laws for constitutionality, who then shall decide which laws are acceptable?  There have been many laws made by Congress through the years which were deemed unconstitutional, and many rightly so. 
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Re: I'm sick of the "living document" fable
Reply #21 - 03/21/13 at 01:11:15
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Anybody sworn into high office must swear to obide by the Constitution so help them god.

Not swear to ignore or change this document.

Whithout it all is lost. Never forget this.

Maybe your breathing bad gas but are Constitution stands strong without the left speaking for it....
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