20090502

The Constitution?

Read in The Washington Post about Justice Souter's retirement from The Supreme Court in the US. Many wrote opinions about a possible replacement.

Found two very interesting legal concepts. Originalism and The Living Constitution. People fight about which is more correct.

Originalism is the belief that the text of the Constitution meant and means the same thing. A proponent believes what is said is said. Conservatives like this theory better in general.

The Living Constitution is the idea that the interpretation of the Constitution must change with the times and with the accumulation of knowledge.

It appears to me that the The Living Constituion must be the correct one. Because, if something occurs that invalidates the Constitution it must be reinterpreted.

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