They beheaded that poor Korean...

[Yurt]

Originally posted by Kathianne
Then where is the 'living, breathing document'? Context is ever changing. Not arguing, want your point of view.

The majority theory on the "living, breathing document," is that this means the const can change overtime, ie, with amendments

 

[Annie]

Originally posted by Yurt
The majority theory on the "living, breathing document," is that this means the const can change overtime, ie, with amendments

While I may not be the most liberal person on the boards, lol, I do believe it includes amendments, other court decisions, and other 'founding' documents, not to mention precedents set by USSC.

 

[NewGuy]

Originally posted by Yurt
The majority theory on the "living, breathing document," is that this means the const can change overtime, ie, with amendments

I answered this:

http://www.usmessageboard.com/forums/showthread.php?s=&threadid=8022

 

[Yurt]

A good site for info on constitution:
http://www.usconstitution.net/consttop_intr.html

The Constitution is short; it cannot and does not attempt to cover every eventuality. Even when it seems it is clear, there can be conflicting rights, conflicting spheres of power. When disputes arise, it comes time for people, and most importantly judges of the Judicial Branch, to interpret the Constitution. The concept of constitutional interpretation is foreign in some countries, where the constitution makes a reasonable effort to cover every eventuality. These constitutions are generally rigid and little changing, adapting slowly to advances in political views, popular opinion, technology, and changes in government. The U.S. Constitution, however, has been termed a Living Constitution, in part because it grows and adapts to internal and external pressures, changing from one era and generation to the next.

When a new situation arises, or even a new variation on an old situation, the Constitution is often looked to for guidance. It is at this point that the various interpretations of the Constitution come into play.

There is no one right way to interpret the Constitution, and people often do not always stick to one in

 

[NewGuy]

Originally posted by Yurt
A good site for info on constitution:
http://www.usconstitution.net/consttop_intr.html

The Constitution is short; it cannot and does not attempt to cover every eventuality. Even when it seems it is clear, there can be conflicting rights, conflicting spheres of power. When disputes arise, it comes time for people, and most importantly judges of the Judicial Branch, to interpret the Constitution. The concept of constitutional interpretation is foreign in some countries, where the constitution makes a reasonable effort to cover every eventuality. These constitutions are generally rigid and little changing, adapting slowly to advances in political views, popular opinion, technology, and changes in government. The U.S. Constitution, however, has been termed a Living Constitution, in part because it grows and adapts to internal and external pressures, changing from one era and generation to the next.

When a new situation arises, or even a new variation on an old situation, the Constitution is often looked to for guidance. It is at this point that the various interpretations of the Constitution come into play.

There is no one right way to interpret the Constitution, and people often do not always stick to one in

Look up the definition of something being "in context".

 

[Yurt]

Originally posted by NewGuy
Look up the definition of something being "in context".

why?

context:

The part of a text or statement that surrounds a particular word or passage and determines its meaning.

The circumstances in which an event occurs; a setting

 

[NewGuy]

Originally posted by Yurt
why?

context:

The part of a text or statement that surrounds a particular word or passage and determines its meaning.

The circumstances in which an event occurs; a setting

You brought up interpretation.

When taken in context, interpretation is impossible.