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The concept of the Constitution being a "living constitution" would be adopted by those who believe in __________.

a. broad construction
b. judicial activism
c. judicial review
d. strict construction
e. judicial restraint

User J J
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1 Answer

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Final answer:

The concept of a "living constitution" is most closely associated with judicial activism, where judges interpret the Constitution flexibly to reflect contemporary societal needs. So, the correct answer is option b.

Step-by-step explanation:

The concept of the Constitution being a "living constitution" would be adopted by those who believe in judicial activism. This judicial philosophy empowers judges to interpret the Constitution flexibly, to adapt to changing social and political circumstances. Contrasting views include judicial restraint and strict construction, which encourage judges to limit their own power, emphasizing fidelity to the original text and intent of the Constitution.

Some may confuse judicial activism with judicial review; however, judicial review is the power of the courts to assess the actions of the other branches of government, while judicial activism specifically refers to judges using this power to actively shape policy and extend liberties.

Justice William Brennan notably advocated for the Constitution as a "living document," interpreting it in the context of contemporary understandings of equality and social needs. This view is often countered by originalist arguments, which assert the importance of adhering to the Constitution's original meanings to prevent it from becoming meaningless over time. So, the correct answer is option b.

User Cintu
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