living constitution

     

In Unite States legal discourse, the Living Constitution is a theory of constitutional interpretation which premises that the Constitution is, to some degree, dynamic. As the direct counter to originalism, which centers on textual meaning at the time of ratification, the theory of a "living" Constitution suggests a document that remains interdependent with the society that implements it. Its proponents thus argue that societal progress should be taken into account when interpreting key constitutional phrases.

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