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Who is a true American? Surely not one who does not understand the founding principles of our great nation. But one who knows the history of
America’s creation and preservation. The past struggles and virtues of our founders. Our sense of national pride. The traditions of a free American society. “If a nation expects to be ignorant and free, it expects what never was and never will be.”--Thomas Jefferson.
A Constitution is a document that contains the fundamental laws, functions and structures of a system of Government. The United state Constitution, which is the supreme law of the United States of America guides the
American society in law and political culture. Its no doubt that the Constitution is an old text and its applications has varied over time and over different issues. In this modern times, there exist a group known as The Living
Constitutionalist who believe that as time changes, the Constitution should change with it, so as to accommodate the transformation of the modern society. On the other side, is the Originalist, who chooses to strictly preserve the original meaning of the Constitution as the Founders drafted it.
The constitution of the United States is the oldest legal document in continuous use in the country and has been a deciding blueprint in the settling of political conflicts, governmental chaos and social discords. The legality of national, state as well as local policies has been based on the wordings contained in the Constitution of the United States. It provides methods and processes by which we coordinate the elections and selections of public officials and set perimeters of their powers and jurisdiction. By this it becomes evident that the constitution is the foundation of ou r nation’s Democratic process.
With this unparalleled level of importance and gravity embodied in this legal text, it becomes paramount that its preservation as well its interpretation be highly guided. Any adulteration or misinterpretation of the Constitution would compromise the binding powers of the United States and our system of government, which will ultimately, destroys us as a nation. That’s is why it becomes necessary that we jealously guide it from corruption.
From its ratification in 1789 till these modern times, the Constitution has undergone series of legal modification known as amendments. It has also undergone some illegal modifications in the form of biased, partisan or sentimental mis-interpretation and mis-application. Our 3 branches of
Government has been involved in this unpatriotic acts but the Judiciary branch has attracted more attention over this past few years. The Judiciary’s
Supreme Court is the backbone of the face-off between the Originalist and the
Living Constitutionalist.

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The Supreme Court was created by the Judiciary Act of 1789, with a primary function of interpreting the Constitution as it applies to issues at hand. The
Supreme Court has the power to declare Executive as well as Legislative actions unconstitutional, hence rendering them null and void. They also interpret legal disputes, and their rulings have been a subject of intense controversy.
The Supreme Court’s decision essentially reinforces a law, re-creates a new law or destroys existing laws. Together with the advent of a modern dynamic society, the Supreme Court has modified, elaborated or ascribed newer meaning to the wordings of the Constitution. This is a phenomenon that all
Americans should be concerned about because our founding document is what is at stake here.
The Originalist have opposed to any form of interpretation of the Constitution that gives preference to the changes in the American Culture. They uphold the Original meaning the Constitution bore when it was adopted. According to
Justice Antonin Scalia, who is an Originalist, social or cultural preference was not accommodated by the Constitution. It’s for everybody. It is not what a majority’s preferences are, but what is in the Constitution. He argued that if a judge would interpret the Constitutio n based on his personal or party’s standards, then the right and liberties of an individual would rest on the majority.
The appointments of federal judges are done by the President and confirmed by the senate. Presidents of the United States have mostly appointed judges with similar political ideologies or from the same party. Senators have likewise approved or rejected judges based on this criteria. This is now commonplace and is done strategically to manipulate major decisions of the Supreme Court.
Justice Scalia and other Originalist have decried this culture. They argue that it ultimately leads to distortion of the true meaning of the constitution as judges try to rule in favor of their party’s preferences.
On the other hand, the Living Constitutionalist supports the notion that the
Constitution should be allowed to accommodate the dynamic changes of our modern society. To them, the constitution is like a living organism that grows and evolves as a result of our ever-growing cultural, moral and social diversity. Writer Henry Weinstein, who is a Living Constitutionalist argue that the interpretation of the Constitution should cover new phenomena and its application should be broad so as to protect the rights of new cultures that have emerged as a result of human transformation.
In addition, the Living Constitutionalist, which are mostly liberals, accuse the
Conservatives of monopolizing the supreme court over the years. They argue that the Republicans have staffed the bench with right-winged radicals who have added to the rigidity of the constitution. As a result has restricted
Constitutional flexibility that was essential in protecting the rights of new groups that have evolved in today’s diversified world.
For me, I support the principles of the Originalist. Originalism to me is

The Moses Ike Organization3 orthodoxy. For over 200 years, our American ancestors have relied heavily on this orthodox document, which have guaranteed them freedom, life and a stable government. The society we enjoy today was preserved and nourished by strict adherence to the Constitution. For example the ruling of roe v wade was not a Living constitution but Originalism.
Also, the living Constitution threatens the rights of the minority. The living
Constitutions assures you that what would happen is what the majority wants to happen. And this was not the purpose of the Constitution. The bill of rights was drafted to limit the government but also to protect individuals from the majority. The senate represents the majority. The senate confirms the judges, who in turn make judicial rulings, which eventually becomes law. But to allow their rulings to primarily represent the majority’s preference is a recipe for destruction.
Contrary to what the Living Constitution say, Originalism also believes that the
Constitution Itself is a timely changing document. Its gives room for expansion, as they are needed in the course of human history. Through appropriate legislation and the ballot box, the Constitutions allows for
Amendments. This is a fundamental fe ature of America’s Democratic process and cannot be compromised. The supreme does not have the power to tell us what the evolving standards of decency are. Or rule on the basis of morality.
They were not created for that purpose. The courts were actually created to guide against such encroachments of changes to the Constitution. That should be dealt with in the legislature. The democratic process wins laws not by Supreme Court rulings.
Just as Justice Scalia said, if a person wants homosexual marriages or the death penalty, they should convince their fellow citizens and let it be settled in the ballot box. But for judges to be selected in order to re-invent the constitution according to their experience of a evolving society is a slap on the founder’s face. To evolve, you don’t need the Constitution or the Supreme
Court. What you need is legislation. You can enact or abolish just about anything, but it should come about democratically. The living Constitution can be otherwise called the living destruction of the United States Constitution.
In conclusion, the United States of America wouldn't have been what it is today have we allowed the changing nature of times to alter our original democratic process or shaken the foundations of our roots. Our founding fundamentals, Our National pride, The Sacrifice of our founders, Our longlived tradition, Our deep-rooted principles of the American society, a Nation of free Market Enterprise, Opportunity to wealth and private property, America’s
Exceptionalism, the Envy of nations, the Leader of the free world,
The principles of our founders should be upheld. And the meanings of the
Constitution at the time of its adoption. This is who we are. This is who we will be. Long lives the Constitution of The United States of America.

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