Have you ever noticed this about people who think the Constitution is living breathing document?
Joan if the Constitution needs to change our Founders gave us the ability do so via an Amendment. The exact way to Amend or change the Constitution can be found in Article 5 of the Constitution
That it never fails when they promote the idea of a living breathing document it never fails that by some massive coincidence the Constitution has changed in a way that supports their agenda 100%.
Law Girl if you are truly a lawyer than you would also know that interpration is not sufficient 100% of the time. 5-4 decisions do not settle things in quite the same way 9-0 or even 8-1 rulings settle things
Law girl you mean Supreme Court Cases like following:
Marbury V. Madison
Gibbons V. Ogden
mcculloch v maryland
Plessy V. Ferguson
Mapp V. Ohio
Kent V. United States
in re gault
Brown V. Board of Education
Furman V. GA
Gregg V. GA
Coker V. GA
Stanford V. GA
Roper V. Simmons
Heller V. District of Columbia
United States V. Miller
Kelso V. New London
Plyler V. Doe
and a few others those are the main ones
Bush lied Millions Died, so according to you logic if a President decided that he cannot make the country a better place as a President but instead needs to crown himself king to "Make the country a better place," That is ok. Really try telling that to Madison, Adams, Washington and the rest of the Founders
Tangerine Amending the Constitution is not the same thing as a living breathing document. Read the 19th Amendment for example
There are exact eunermated powers the Federal Government has. Every so called implied power has for the sake of the document itslef be able to have a clear and logical need associated with an enuramarated power otherwise there is no limits on what the Federal Government can and cannot do.
- LawgirlLv 71 decade agoBest Answer
That they actually have a law degree and studied it ad nauseum. Have you ever even read a Supreme court case?
Amendments wouldn't work. There would be a million of them to handle each individual situation. Interpretation is sufficient.
- 1 decade ago
They didn't realize how hard amending the constitution would be. The bill of rights and so forth aren't necessary. They didn't want an amendment process. They just wanted congress to pass laws, and repeal them when/if necessary (would solve the abortion debate...) like what they did/still do. Then Jefferson stepped in and demanded all the state's rights amendments, which then resigned the Constitution that has to specify powers. You have the right to do anything as long as it's not in the Constitution or there isn't a law against it. Hamilton and the federalists wanted the constitution to be general and broad and truly grant Congress (and more specifically the House) the most power. So the liberal stance of the Constitution as a 'living' constitution so that the language changes through time so as it 'lives.'
- Apple21Lv 61 decade ago
It is a living document as it has been amended many times, i.e, the voting age lowered to 18, the right for women to vote, the abolition of slavery, the Civil Rights Act, the Prohibition, the repeal of Prohibition, the limiting of presidential terms, etc.
It's a living and evolving document because there is a clear recognition that while the founding fathers/drafters were intelligent men, we live in a different world and some of what they drafted was plain wrong! If you think that only White men over 21 should vote, then you're stuck in history.
People kill me with "Leave the Constitution alone." Half of them don't even know what it says.
- 1 decade ago
Since the Constitution gives congress the power to coin money, we had to have been created by the congress. But in order to make the federal reserve more powerful than the government, it has to be independent of the government. We get away with this by claiming non-affiliation with a political party, which seems like sanity in a world of political chaos. And from that rumor, we try and finesse our way into higher seats of government, mostly through the billions of dollars we're allowed to print every year. And after sustaining the country, we turn all the laws in our favor, control the direction of technological advances, and yes, even wage horrible earth shattering wars. All this could stop if you support H.R. 1207. So please, if you love uncle Ben you will let me keep my job and never speak of the atrocities I commit at the federal reserve, which is neither federal nor has reserves, wait, why did I just say that? I'm starting to sound like a conspiracy theorist. Oh well, time to print more money.
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- Anonymous1 decade ago
You may want to open a US History book and see how that same Constitution has been changed throughout history to support whatever agenda the passage of an Amendment supports.Source(s): Prohibition Act...later repealled. Stem Cell Laws passed under Bush changed under Obama. Deregulation of the financial industries by repeal of Stegall-Glass Act under Clinton. Torture laws redefined under GW Bush.
- slykitty62Lv 71 decade ago
It has nothing to do with agendas, it has to do with the ability to change it. Changing the Constitution is not an easy thing to do, it takes a lot. But it is possible. The men who wrote it designed it that way. I think someone missed that day in Civics class.
- Mike WLv 71 decade ago
It's a living document in the sense that it can be changed through the amendment process. I do however, know what you're referring to. There are people who will find a passage in the Constitution and reinterpret to fit their agenda.
- 1 decade ago
Those who believe the Constitution is a "living breathing document" are brain dead and have less life than the parchment the Constitution was written on.
I suppose the same people think the Ten Commandments is a "living breathing stone tablet" too!Source(s): Mr Wolfe -- I believe the key word there is "occasional". Jefferson also said "The tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants". I think that was supposed to happen every 20 years or so.
- 1 decade ago
I do know that if the Constitution were not a living document - or elastic if you will - we would not have public education, air defense & much more that is not provided for in it's original text.....ummm, that's why there are those thing-"ies" called amendments. It seems that it was suspected that our country and society might grow & change & need to reflect that change.....go figure.
- Mr. WolfLv 71 decade ago
Are you talking about Thomas Jefferson or all the framers of the Constitution that agree to putting an amendment process in the U.S. Constitution.
"Time and changes in the condition and constitution of society may require occasional and corresponding modifications." --Thomas Jefferson