Liberal myth

The Constitution is a “living document” whose meaning changes over time.

The facts

• The Constitution was written to be “the supreme Law of the Land.”
• The Constitution is a constant, unchanging document written for the ages.

Does ‘living’ make the Constitution ‘dead?’

A “living Constitution,” as liberals describe it, means that the nation’s founding document

• Means nothing more than what each new generation would prefer it to mean
• Is an infinitely pliable text that has no authoritative voice, but only the voice that we attribute to it
• Is already dead, left to be updated as others see fit

It remains alive

The Constitution is “alive” in the sense that it remains relevant to today’s political and legal discussions

• Many important changes have occurred since the Founding
• Future changes should be within the context of the Constitution, not outside it

Rulings based on facts, not opinions

• Judges should interpret the law and the Constitution—not invent laws and legislate from the bench
• Judges should issue rulings based on the original understanding of the authors and ratifiers of the Constitution and the Bill of Rights
• Rulings should not be based on outcomes that reflect the judges' personal biases or policy preferences

Related Heritage research

• Edwin Meese, Matthew Spalding and David Forte, The Heritage Guide to the Constitution, 2005
• Edwin Meese III, “The Case for ‘Originalism,’” June 6, 2005
• Richard John Neuhaus, “A Strange New Regime: The Naked Public Square and the Passing of the American Constitutional Order,” October 8, 1996