The Notion of A Living Constitution - Essay Example

The Notion of a Living Constitution By Affiliation The Living Constitution The living constitution was structured in the understanding of the situation by then with the understanding of the future needs in relation to expected developments and changes. However, during the structuring, the constitution is framed with general language phrases that leave a naked form for its interpretation. Textual approach of the living constitution requires the interpretation of the texts according to the clear and ordinary meaning of the words in the phrase.

The textual approach creates an open interpretation that allows personal interpretation of the meaning in of the constitution depending on the justification of the antimajoritarian and antidecratic facets (Rehnquist, 2010). The clear understanding or meaning of the word may not be contextual to the current situation in one approach thereby creating a conflict of interest. Substitution of some of the value of the living constitution that may be derived from the framers’ language and intents is not argued in many words to create the contextual meaning.

Rather it is argued on few words which create a wide opening in the textual approach of interpretation. The living approach demands the understanding and the concept of the common people with the present contextual understanding which varies widely depending on the present environment from the original one (Rehnquist, 2010). Social problem may be addressed by the federal judiciary of nonelected members simply because branches of government are unable to come to a precise conclusion of the matter.

This arises in the understanding of framed constitutional words in the textual approach. Therefore the living approach is required through “the voice and conscience of contemporary society” under the judges. The interpretation has to be done with the basic understanding of the ultimate source of authority that is the people and not the Supreme Court or government. Constitution being not a one worded document that is specific, the couched general phraseology cannot be placed into the textual approach without reference to the historical understanding and applications.

This application brings in a foreign environment to the literal present environment hence results to an interpretation that favors government, state or congress and not the people. Textual approach gives wider room for opinion differences that are honest over the meaning of general constitutional phrases. The living constitutional concept requires justice decision in case of arising questions on the general phrases in relation to constitutional law philosophy (Rehnquist, 2010). The moment the idea of giving the courts the authority to declare laws unconstitutional is tied to the adopted constitutional language by the people, the approach of the judicial review power by the judiciary appears in the light of the living concept.

ConclusionThe misconception of the constitution’s nature that was designed to keep the country abreast requires the living concept as a major focus in understanding the textual approach that is viable. The disastrous experience of the Supreme Court in embracing fashionable contemporary notion of the living constitution uses the textual approach with the view of congress and state advantage rather than the people. Advancing the socially desirable goals through nonelected judiciary poses a challenge to the democratic society which affects living concept (Rehnquist, 2010).

The nature of political value judgment in the democratic society is essential in the living constitution for avoiding misconception of the textual concept. Platform for moral judgment launching serves as the simple basis of citizen’s individual conscience of the society in the constitutional law. ReferenceRehnquist, W. H. (2010). The Notion of a Living Constitution. In D. A. Strauss, The Living Constitution (p. 602). New York: Oxford University Press.