Updating the us constitution
This understanding, underlying constitutional interpretation since the New Deal, reflects the Constitution’s demands for structural flexibility sufficient to adapt substantive laws and institutions to rapidly changing social, economic, and technological conditions.I cannot accept this invitation [to celebrate the bicentennial of the Constitution], for I do not believe that the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention …To the contrary, the government they devised was defective from the start.If we’re picking people to draw out of their own conscience and experience a ‘new’ Constitution, we should not look principally for good lawyers. When we are in that mode, you realize we have rendered the Constitution useless. Others want campaign finance systems that make corporate donations illegal.And, anyway, they felt the document was old and outdated, drafted all the way back in 1944. The entire population was about one percent of today's number - four million people. Constitution is an extraordinary work - one of the greatest expressions of liberty and law in human history.
The basis of our political systems is the right of the people to make and to alter their constitutions of government.The important distinction so well understood in America, between a Constitution established by the people and unalterable by the government, and a law established by the government and alterable by the government, seems to have been little understood and less observed in any other country.Living political constitutions must be Darwinian in structure and in practice.What would the Founders think about a living Constitution?Here is what some of them had to say in their own words.