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The Supreme Court decided a long time ago that the Constitution said whatever the justices thought it should say. The rest of the government went along with thi
by freepor 6y ago
The Supreme Court decided a long time ago that the Constitution said whatever the justices thought it should say. The rest of the government went along with this concept. Overall, I think it's been a positive thing as the House of Representatives, then Senate, and then Presidency sequentially fell into complete discredit.
- SllX 6y agoLiving constitutionalism is not a universally agreed upon judicial philosophy.
- krapp 6y agoNeither is strict constitutionalism.
- SllX 6y agoWell there’s also textualism.
- freepor 6y agoNo, but empirically it's what the justices have been using for over 50 years. Decisions like Wickard v. Filburn and Obergefell don't just come from "living constitutionalism" -- they are just completely made up out of whole cloth.
- SllX 6y agoThere are justices that subscribe to living constitutionalism, yes. And fewer of them than there was 4 years ago.