The Notion of A Living Constitution Essay Example | Topics and Well Written Essays - 500 words

The Notion of A Living Constitution - Essay Example The clear understanding or meaning of the word may not be contextual to the current situation in one approach thereby creating a conflict of interest. Substitution of some of the value of the living constitution that may be derived from the framers’ language and intents is not argued in many words to create the contextual meaning. Rather it is argued on few words which create a wide opening in the textual approach of interpretation. The living approach demands the understanding and the concept of the common people with the present contextual understanding which varies widely depending on the present environment from the original one (Rehnquist, 2010). Social problem may be addressed by the federal judiciary of nonelected members simply because branches of government are unable to come to a precise conclusion of the matter. This arises in the understanding of framed constitutional words in the textual approach. Therefore the living approach is required through â€Å"the voice and conscience of contemporary society† under the judges. The interpretation has to be done with the basic understanding of the ultimate source of authority that is the people and not the Supreme Court or government. Constitution being not a one worded document that is specific, the couched general phraseology cannot be placed into the textual approach without reference to the historical understanding and applications. This application brings in a foreign environment to the literal present environment hence results to an interpretation that favors government, state or congress and not the people. Textual approach gives wider room for opinion differences that are honest over the meaning of general constitutional phrases. The living constitutional concept requires justice decision in case of arising questions on the general phrases in relation to