According to Some Legal Scholars,why Is the Living Document Argument

question 96

Multiple Choice

According to some legal scholars,why is the living document argument problematic for interpreting the Constitution today?

• A) Ignoring the framers' intent can allow for arbitrary law based on the individual preferences and biases of judges.
• B) The framers could not have envisioned the complex public policy issues of today, and an eighteenth-century document cannot adequately address contemporary societal problems.
• C) Congress, not the Supreme Court, should have the right to determine the meaning of the Constitution.
• D) The framers did not provide a means to amend the Constitution, so they did not want the structure of government to change over time.
• E) Most people agree that originalism is the best way to interpret the Constitution.

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Definitions:

Damages

Monetary compensation awarded by a court to the plaintiff for losses or injuries suffered due to the defendant's actions.

Registered

The status of being officially recorded and recognized, often referring to documents, organizations, or trademarks.

Gift Causa Mortis

is a gift made by a person who anticipates imminent death, which becomes fully effective only if the donor dies of the anticipated condition.

Irrevocable Gift

A permanent transfer of assets or property from one party to another, which cannot be undone or taken back by the donor.