At a remarkable Senate Judiciary Committee hearing yesterday featuring two Supreme Court Justices – Antonin Scalia and Stephen Breyer — Justice Scalia drew laughter with his predictable line that he wished the “living Constitution would die.” The funny thing is that, to a large degree, it already has. Reject it. This view of the Constitution is closely associated with judicial activism and Judicial Supremacy, and is responsible for some of the most dangerous rulings in history. The Living Constitution kills the actual Constitution — When judges abandon originalism and the original meaning to the text of the Constitution, it is merely a matter of time before the Constitution itself is abandoned. The “living Constitution” theory amounts to saying that Supreme Court justices should be allowed to rewrite the foundation of our government … How the Supreme Court Used Three Cases to Inspire a ‘Living Constitution’.

The phrase Living Constitution means the U.S. Constitution should be interpreted however a majority of the U.S. Supreme Court feels it should. Topics include the nature and structure of the federal government, the powers of the federal government, and individual rights.

In McCulloch v.Maryland (1819), it broadly defined the elastic clause by ruling that a state could not tax a federal bank, and in Gibbons v.Ogden (1824), it declared that a state could not regulate interstate commerce.

As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. Justice Breyer: The Court, The Cases And Conflicts In Making Our Democracy Work: A Judge's View, Supreme Court Justice Stephen Breyer outlines his ideas about the Constitution … These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States. In the long run, non-originalism triumphant and rampant is the death knell of the Constitution.

Brian Anderson On the Court's Role in Igniting the Civil War, and the Activict Legacy of Brown v. Board.

LII Topical Pages on Constitutional Law and Individual Liberties; Text of the U.S. Constitution; The Most Recent Constitutional Law Decisions of the Court; The Complete LII Collection of Historic Decisions; Northwestern's RealAudio Archive of Supreme Court Oral Arguments The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. Reject it. This course offers an introduction to the U.S. Constitution and landmark Supreme Court cases interpreting it.

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