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Do you support a living or a dead Constitution?

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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-10 12:14 AM
Original message
Poll question: Do you support a living or a dead Constitution?
Perhaps the most effective way to pan originalism in today’s political climate, though, is the most obvious. “At first blush it seems certain that a living Constitution is better than what must be its counterpart, a dead Constitution,” Justice William Rehnquist wrote in a 1976 article (which proceeds to attack living constitutionalism as undemocratic). “It would seem that only a necrophile could disagree. If we could get one of the major public opinion research firms in the country to sample public opinion concerning whether the United States Constitution should be living or dead, the overwhelming majority of the responses doubtless would favor a living Constitution.” Assuming Rehnquist’s prediction holds 34 years later, the living Constitution, so widely understood to lack a pulse, might well experience a resurrection.

http://www.tnr.com/article/book-and-arts75628/its-alive?page=0,3&passthru=YjFiOGNmZGQ4ZmNhNDNiNjU1NzIxYWVkYzg1MWE2NGQ
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woo me with science Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-10 12:15 AM
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1. Undead.
Zombie constitutions are cool.
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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-10 12:16 AM
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2. Hey, that is sort of what we have now!
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usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-10 12:18 AM
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3. I think Rehnquist came back to life and is lurking on DU
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KonaKane Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-10 12:22 AM
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4. Anything that doesn't serve our society today is useless
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-10 12:25 AM
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5. We lost the Constitution when Bush was appointed president
by the Supreme Court.
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Lil Missy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-10 05:22 AM
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6. Yes.
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