Essay Example on Living Constitution: Preservation of U.S Constitution.

The formal amendment process of the living constitution as prescribed by the written constitution is not requisite since the living constitution is critically paramount in safeguarding the feasibility of the U.S Constitution (Strauss 5). The ability to address current issues is borne on the legal grounds that the living constitution was constructed in such a way that it could address the needs of contemporary societies. The constitution gains these characteristics due to its silent nature regarding how the constitution should be interpreted. The interpretation of the living constitution should be executed in such a way that the statements do not lose their intended meaning. One theory of living constitutionalism postulates that specific components of the constitutional system may be revamping while others may not, and delineates why the evolving attributes do so in a way that upholds the values of constitutionalism, the rule of law, and democratic authority (Balkin 606). It is imperative to regard that the living constitution is directly related to the written constitution in the sense that laws must be implemented to fit the needs of its citizens and ensure that people apprehend and follow the set rules and regulations. The living constitution has over the years been used moderately with the written constitution since the argument is that of insufficiency in addressing the issues regarding how times have changed over the years after it was effected.

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The living constitution gains its validity on the legal framework that the constitution was intended to advocate for activism without necessarily providing a void of ambiguity. The written constitution also has similar properties within its nature to harmonize the economic activities on business laws that were once used in solving disputes concerning financial affairs and are still in effect up to date in the modern society. The denial of judges to elucidate present-day moral values has over the years entailed the living constitution to be used concomitantly with the written constitution. Another resemblance of the living constitution to the written constitution is in the nature in which it was founded, and its immediate role in addressing current issues is its flexibility in the statutory framework.

Works Cited

Balkin, Jack. "Framework Originalism and the Living Constitution." Nw. UL Rev. 103 (2009): 606.https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1221&context=fss_papers. Accessed 30th May 2019.

Strauss, David. The Living Constitution. New York, Oxford University Press, 2010.