How does living constitutionalism explain changes in the meaning of constitutional provisions?
In the context of constitutional law, living constitutionalism is an interpretive theory that posits that the U.S. Constitution contains important words and phrases that are purposefully broad or wide-ranging in their scope.12
Rather than adhering to a static meaning fixed at the time of the document's drafting, this theory suggests that the meaning of these constitutional provisions is variable and evolves alongside changes in society. Proponents of this view, such as Justice William Brennan, Jr., argue that the genius of the Constitution lies in its adaptability, allowing its core principles to address current problems and contemporary needs rather than being confined to a world that is "dead and gone".12
By viewing these provisions as flexible, living constitutionalism enables the judiciary to interpret the law in a manner that remains relevant to modern conditions, ensuring that the Constitution continues to function as a foundational framework for a changing political community.123