Final answer:
The Constitution's nature as a 'living document' or as a text to be interpreted with original intent is a contentious issue. The 'living document' theory allows for adaptability with changing times, whereas originalists argue for a fixed interpretation based on the framers' intent, with formal amendments being the route for change.
Step-by-step explanation:
Is the Constitution a Living Document?
The debate over whether the Constitution is a 'living document' or should be interpreted with original intent is a long-standing one. The 'living document' view suggests that the Constitution is adaptable and should evolve with societal changes. Proponents argue that this flexibility is necessary to apply the Constitution to contemporary issues and to ensure that it remains relevant. Conversely, originalists believe in a fixed interpretation as understood by the framers at the time of writing.
Living Document Perspective
The concept of the Constitution being a living document gained prominence with the influence of Darwin's Theory of Evolution, suggesting it should adapt like a living organism. This is evident in how the Constitution is applied to modern-day challenges, such as federal mandates in Texas, the constitutionality of the Affordable Care Act, and the recognition of same-sex marriages under Article IV. Justice William Brennan noted the challenge of interpreting the framers' intentions on specific, contemporary questions, acknowledging the complexities of interpreting a centuries-old document.
Originalist Perspective
Originating in the 19th century, notable scholar Joseph Story and others believed that the Constitution should maintain a 'fixed, uniform, permanent construction.' They argued that any changes should occur only through formal amendments. This viewpoint stresses the importance of adhering to the literal text and the intentions of the Constitution's authors.
Ultimately, the debate remains over whether we have two constitutions: one written and another unwritten, embodying our current understanding of the document's principles. The conversation about the Constitution's nature is not only an academic one but a practical issue that affects legal decisions and American governance.