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View Diary: On Constitutional Interpretation: Originalism v. A Living Constitution? (286 comments)

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  •  DEAD or ALIVE (4.00)
    The opposite of a "living" Constitution must, surely, be a "dead" one.

    This is the message that must be conveyed to Americans:  Do you want your Constitution dead or alive?  

    If framed like this, in an argument simple enough for anyone to understand it, my guess is that most people, even if they know nothing about jurisprudential doctrines, would intuitively choose having the Nation's charter document be "alive" rather than "dead."  

    Who knows?  If we can get those "culture of life" folks to extend to the US Constitution their passionate antipathy for things "not alive," we might even be able to lure some of Bush's base to the (correct) position that a "living" document is better than the bizarre and morbid alternative--a "dead" one.

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