Historians, judges, and political leaders often debate how best to interpret the US Constitution. Watch a video and read an article on this debate. Make notes on the differences between loose constructionism and originalism. Fill in the table below with examples of positive and negative aspects of these competing theories.
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The Living Constitution, or loose constructionism, is the claim that the United States Constitution and other constitutions hold a dynamic meaning that evolves and adapts to new circumstances even if the document is not formally amended. The Constitution is said to develop alongside the needs of a society and to provide a more malleable tool for governments. The idea is associated with views that contemporaneous society should be taken into account in the constitutional interpretation of phrases.[1] The Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation.
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