The Constitution of the United States of America is not set in stone. It is constantly subject to subtle interpretive change by the courts and major change by the passage of amendments.
In more than 200 years, only 27 amendments have been added to the Constitution.
The United States Constitution is the oldest written national constitution still in use. It is a living document, capable of meeting the changing needs of Americans.
The United States Constitution, adopted in 1787, is often referred to as a living document. The reason for this is often contriversiale but one reason is that the Constitution, which created the demographic government we use today in America, was written by our founding fathers upon a piece of paper. As you probably are aware of, in the 1780s, Americans used paper made of wood from trees. Trees are living things. Some believe that even after trees are cut down and used for paper, they are still alive, even over 200 years after they were chopped down my Geaorge Washington. Also, the Constitution of the United States is a document. That is why.
The Constitution is a living and breathing document through the process of amendment, which is difficult but more commonly through the process of interpretation.
As the Supreme Court gets cases referred, (it is an appallate court, meaning only for appeals) they can interpret the wording of the Constitution so it best fits the opinions, ideals and political ideology of the Court. An example of this would be the wording of the second amendment. The second amendment says
" A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. "
In this case, "the people could be interpreted to mean the people of the nation of America as a collective, thus legalising the creation and maintenance of an Armed Forces division of Government.
However, it could, and has been interpreted to mean the people as individuals.
In Conclusion, it is a living and breathing document through the process of interpretation. This is not an all encompassing answer.
There are two fundamental reasons for this flexibility and adaptability: the amendment process and the US Supreme Court. The amendment process is lengthy and complex; only 27 times in our Nation's 223 life-time has our Constitution been changed by amendment. To underscore how complex this process can be, our newest amendment, the 27th, required 201 years to be ratified. On the other hand, the Supreme Court of the United States (SCOTUS) is an active observer of the developing needs and even the changing values of a growing and (hopefully) maturing society. The United States is a work in progress, and the Constitution has to be able to adjust the application of Constitutional law accordingly.
bill of right
living document
Of course the statement "the constitution is a living document" is metaphorical, since no document is living, it's a piece of paper with writing on it. As a metaphor, this statement would suggest that the constitution remains relevant and connected to the society which it helped to establish in the late 18th century, which is a long time ago. If you think that the constitution has become irrelevant, then you would say that the constitution is not a living document. Personally I find it to still be relevant.
that the constitution would be a living, breathing document. ~Ham
Antonin Scalia, Supreme court justice. "The constitution is not a living organism, it is a legal document."
its still being used and interpreted
It can actively be changed (amended) and grow.
Liberals
its the ability to be amended.
Liberals
its the ability to be amended.
An amendmentapex