Living constitution theory is a method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.
living document
There is absolutely no doubt or debatable point on this question except to those that believe the US Constitution is a "living document and not written law". The Tenth Amendment explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the state by the Constitution of the United States are reserved to the states or the people.
Since you are asking an opinion I will give you mine. I believe that looking at the constitution as a living document is more valid. When the constitution was written 200 years ago many things we have today didn't exist, so there is a need to be able to address the world as it is not as it was. The one thing that hasn't changed is the question about what makes good government. If we can answer this question we maybe able to create a better government for the common good.
Freedom
Thomas A. Stapleford has written: 'The Cost of Living in America' 'The cost of living in American political economy, 1880-2000'
The Constitution of the United States of America is not set in stone. It is constantly subject to subtle interpretive change by the courts and major change by the passage of amendments.
The oldest living constitution is considered to be the Constitution of the United States, written in 1787 and ratified in 1788. It has been in continuous effect for over 230 years with various amendments and interpretations.
The Constitution of the United States is considered a living constitution because it can be ammended by the Supreme Court and so while it was written a long time ago it is still being changed to this day. So, because the original document is not "written in stone" and can be altered it is considered to be a "living" constitution. If this is a homework question, next time use the index or table of contents if you are unwilling to do a bit of proper reading or research, it will only take about a minute to find the answers.
The use of the present tense in the Constitution cements the framers' belief that it need to be a living document. The document specifically provided guidelines for amending it.
Living constitution theory is a method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.
All the people living in the Colonies became citizens at the same time, when the Constitution was ratified and the United States came into being.
Although the founding fathers were brilliant in creating a foundation for government in America, they knew that the Constitution was far from perfect. That is why the constitution is known as a living document because as society changes (ex. abolishing of slavery) the constitution changes as well. The constitution can be amended and new clauses can be added.
The Living Constitution.
Antonin Scalia, Supreme court justice. "The constitution is not a living organism, it is a legal document."
How did the new Texas Constitution treat Mexicans living in Texas?
Jason M. Fields has written: 'America's families and living arrangements' -- subject(s): Family, Statistics