A Living Constitution Provides No Stability

by: the Common Constitutionalist

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I’ve written a lot regarding the Constitution over the years – although not usually two days in row. Most times the topic boils down to a choice between the stability of originalism or the chaos of the co-called “living document.” This has been a great debate since the dawn of the progressive era.

In 2006 Elliott Mincberg, the vice president of the ultra lefty group “People for the American Way” said: “It was the framers intent that the Constitution would adapt to changing circumstances.” In other words, a living Constitution.

Most would be surprised that, in my opinion, the founders would agree with Mr. Mincberg – although I guarantee they would not agree with his method of change.

That same year Todd Gaziono of the Heritage Foundation said: “Original intent is the only legitimate means of interpretation under our written Constitution and all other philosophies are illegitimate.” Mr. Gaziono is also correct.

Okay, both can’t be correct. Obviously the “living Constitution” crowd is wrong because, as we all know, the left has no desire to amend the Constitution. They instead see fit to usurp the Constitution by means of laws, court precedents and presidential decrees.  read more