Advantages Of The Living Constitution Approach

Satisfactory Essays
The meaning of the Constitution may be puzzling and unclear but I find that the Living Constitution approach is the most practical for making judgements about particular cases. If I were a justice in the Supreme Court, I would use this approach because it’s based on a system that the document of the Constitution sets up a set of timeless principles that are applied in today’s world and not simply based on the time when it was written. The Constitution should be used to help solve problems by coming up with what these principles mean when applied in today’s world. An example of this is the controversy of whether marriage can or cannot be denied to gay people because of equality. Those who go by the living constitution approach agree that marriage cannot be denied to gay people because the…show more content…
The living constitution approach implies that consequences do guide decisions because rules are bent and the original meaning of the documents are reinterpreted and applied to modern situations. Originalists argue that one cannot look to judges to come up with different answers because one does not like what happens when you apply the original view. However, as strong as this argument against the living constitution approach is, they still uphold timeless principles through these actions but just not as strictly as the Originalists do. An example of this is the confrontation clause debate about whether an accused molester should or should not be required to confront the child accuser in court. The Originalist approach says that the molester should be required to confront the child accuser because consequences cannot be considered and we must stick to the original view of the documents. However, the Living Constitution approach says that it shouldn’t be required because some exceptions can be made based on the weight of the
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