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Living constitutionalism is not a universally agreed upon judicial philosophy.
by SllX 7y ago
Living constitutionalism is not a universally agreed upon judicial philosophy.
- krapp 7y agoNeither is strict constitutionalism.
- SllX 7y agoWell there’s also textualism.
- freepor 7y 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 7y agoThere are justices that subscribe to living constitutionalism, yes. And fewer of them than there was 4 years ago.