This preview shows page 1. Sign up to view the full content.
Unformatted text preview: so we will now add that to reflect their wishes Living Constitutionalism —the fear that the constitution will become a dead text, i.e. is “frozen in time” -evolution & growth -problem may allow the constitution to be interpreted loosely -positive aspect=as times change, threats change, so it’s easier to adapt -negative aspect=Constitution may lose its ability to be a limiting political influence Formalism —ask what the words mean and apply that rule Substantive Outcome Balancing —shape the rule to fit the case “common law reasoning approach” Conclusion 1. You can’t defend just one approach unless you answer the critical question: What is the purpose of the Constitution? 2. It does not work to choose on approach absolutely...
View Full Document
This note was uploaded on 04/06/2009 for the course POLI SCI 412 taught by Professor Staff during the Spring '08 term at Wisconsin.
- Spring '08