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Monday, August 29, 2005


It's a-Living

Dahlia Lithwick offers defenses for the doctrine of a "living constitution":

1. It's alive because I can see it breathing!
2. It's alive: it's just sleeping.
3. It's alive: it's just entered the witness protection program.
4. It's so alive we needn't even defend it.
5. It's alive: It's just kind of indefensible.
6. The framers thought it was alive.
7. If it were truly dead we'd need no judges.
8. Brennan lives, too.

Lithwich also solicits submission of reasons we should "unplug" the living Constitution. Do you like the doctrine of a "living Constitution? Why or why not?

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