Living Constitution ideology as against originalism. (Edexcel A-Level Politics): Flashcards

Constitution is dynamic & evolving, interpreted with modern values

Flexibility to adapt to current societal issues

Active judiciary role shaping policy to reflect current values

Legalised same-sex marriage via 14th Amendment Equal Protection

Woman's right to privacy under 14th Amendment for abortion choice

Judges impose personal views, creating new rights vs interpreting

Frequent reinterpretations create legal instability

Constitution interpreted by original meaning & framers' intent

Limited judiciary role, defer to legislature unless clear breach

Corporate funding restrictions violate 1st Amendment free speech

Overturned Roe v. Wade, no constitutional right to abortion

Too rigid, fails to address modern issues framers didn't foresee

Living = flexible but unstable; Originalism = stable but rigid

Active policy shaping vs restraint/deference to legislature

Clarence Thomas - interprets by historical context & intent