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I have tried to research this for days and days, I don't have a lot of free time on my hands and this is going to depend on me passing this class or not. I would highly appreciate if someone would help me with this.
I BELIEVE that it IS a living, breathing document;
I have not been able to work on this essay due to family issues and illnesses, please find it in your hearts to help me out with this, Thanks again for anyone that helps me finish writing this essay, I just need some facts on why it still is a breathing document! THANKS AGAIN!

2007-02-05 13:43:41 · 4 answers · asked by Bewar A 1 in Politics & Government Law & Ethics

4 answers

It lives and breathes, but many people today choose to ignore it.

2007-02-05 13:50:47 · answer #1 · answered by Brigid O' Somebody 7 · 0 0

I'd really like to help you, but I'm not sure that I can because the answer is that whether or not the Constitution is a living, breathing document is a matter of opinion. Some believe that the document should be strictly interpreted, word for word, but, over the years, that obviously hasn't been done. For instance, the Constitution says that only Congress can declare war, but the war powers resolution has been used to give the President the power to decide to go to war.
Justice Scalia seems to think that it is not a living, breathing document, so maybe you could do a search to find some of his arguments.
Also Senator Robert Byrd, of West Virginia, is considered a Constitutional scholar, so maybe you can find some of his arguments.
Sorry I can't help you more, but, as I said, it seems to be a matter of opinion.

2007-02-05 21:58:38 · answer #2 · answered by Crystal Blue Persuasion 5 · 0 0

It is! It's living because it can change. They founders of the Constitution made it that way since they knew the times would be changing and the Constitution would need to be changed with us.

2007-02-05 21:49:04 · answer #3 · answered by Muffy & 5 · 0 0

Yes, which has it's plusses and minuses. Because it is "living and breathing", subjectivity offers varied interpretations all the time.

2007-02-05 21:51:26 · answer #4 · answered by Beachman 5 · 0 0

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