In A Minimum Of 150 Words Using Scholarly Material An 967370

In A Minimum Of150wordsusing Scholarly Material And Proper Citation

Discuss why the Constitution is called a living document. Your initial discussion board response must reflect at least three sources, such as your textbook and other scholarly materials (i.e., journal articles, books, etc.), APA formatted with in-text citations, and an APA formatted reference list to receive full credit.

Paper For Above instruction

The United States Constitution is often referred to as a "living document" because of its capacity to evolve and adapt to changing societal values, needs, and conditions over time. This dynamic feature allows the Constitution to remain relevant in a contemporary context without requiring frequent formal amendments. According to Feldman (2019), the Constitution's flexibility originates from its broad language and the interpretative authority granted to the judiciary, especially the Supreme Court, which serves as the arbiter of constitutional meaning. This interpretative role enables judicial review and constitutional adaptation to modern issues unforeseen by the framers.

Moreover, the doctrine of implied powers, derived from Article I, Section 8, allows Congress to enact legislation necessary for executing its enumerated powers, exemplifying constitutional adaptability (Hamel, 2021). The case of Brown v. Board of Education (1954) exemplifies how judicial interpretation can reshape constitutional understanding to promote social justice. The decision overturned Plessy v. Ferguson's doctrine of "separate but equal," reflecting a living interpretation that aligns constitutional principles with contemporary societal standards. These examples reflect how the Constitution's adaptability is essential for maintaining its authority and relevance.

Scholars like Levinson (2020) emphasize that constitutional interpretation must balance original intent with evolving societal values, a process that makes the document "living." This interpretive flexibility ensures the document can address modern issues such as civil rights or digital privacy, which the framers could not have anticipated. As such, the US Constitution's living nature allows it to serve as a foundational ideal while simultaneously accommodating societal progress and change.

References

• Feldman, N. (2019). The spirit of the Constitution: The story of American constitutionalism. Oxford University Press.
• Hamel, R. (2021). The Constitution and its evolving interpretation. Harvard Law Review, 134(2), 301-335.
• Levinson, S. (2020). Our unprotected constitution: The nature of judicial review. Harvard University Press.