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I'm looking for help on the concept of a living constitution.

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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-08-10 09:12 AM
Original message
I'm looking for help on the concept of a living constitution.
All I seem to find by Googling it is rightwing interpretations and their so called originalism. Anybody know where I can go on the internet these days to find quotes for a living document interpretation?
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-08-10 09:19 AM
Response to Original message
1. I'm curious, why are people voting this down?
I'm looking for help.
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RoyGBiv Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-08-10 09:22 AM
Response to Original message
2. Louis Brandeis ....

Thomas Jefferson, Earl Warren, Oliver Holmes. Add those names to your search.

They probably won't use the phrase in any specific quote, but a lot of their thought is responsible for the modern concept.

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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-08-10 09:23 AM
Response to Reply #2
3. Thanks
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-08-10 10:40 AM
Response to Original message
4. Mr. Justice Breyer and his book.
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Gravel Democrat Donating Member (598 posts) Send PM | Profile | Ignore Mon Feb-08-10 10:54 AM
Response to Original message
5. The father of the original thing might have something you could use
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy-JM
http://www.brainyquote.com/quotes/authors/j/james_madison.html

The executive has no right, in any case, to decide the question, whether there is or is not cause for declaring war. JM
http://www.constitution.org/jm/jm_quotes.htm

Relevant to your post:

With respect to the words "general welfare," I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators. * Letter to James Robertson (1831-04-20)
http://en.wikiquote.org/wiki/James_Madison

If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.
James Madison, letter to Edmund Pendleton, January 21, 1792
http://www.marksquotes.com/Founding-Fathers/Madison/index2.htm

Many people have no idea who James Madison was. Why do you think that is?
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-08-10 11:53 AM
Response to Reply #5
6. I always thought of him as James Madison.
So tell me.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Feb-08-10 11:55 AM
Response to Reply #5
7. I'm also curious as to your interpretation of my post.
Especially since I did not mention welfare, general welfare, money, Congress, etc.
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