@mongooz Now hold on there
, I did not say the Const. should be changed willy nilly every five minutes by a simple popular vote or anything like that. I don't really think that is practical, and I like the idea of a framework of rights, along with a system of government with checks and balances as set forth. And rights are not subject to popular vote. There obviously can be amendments, but that is pretty hard to get done. Can you imagine getting something like a Const. Amendment done in today's political climate, much less an entire rewrite as suggested by
@Flamencology ?
It is SCOTUS'S job to interpret it given new factual situations before it, based on precedent (written legal decisions) as decided over time. Its power to do that was established in
Marbury v. Madison, under Article III of the US Const., a very long time ago. So it is a living and evolving document, as interpreted by the high court. But it is anchored in its original language. That is how I personally think it should be. It is also why I dislike the idea of appointing supreme court justices based on perceptions of their political views. The job really should be about legal analysis. Granted, a person's beliefs and politics may affect that analysis, but generally, even justices viewed as one side of the political spectrum vs. the other have voted against a perceived party line at least once in a while, mostly. That is also why the process of judicial appointments has not always been so politicized. A guy like Bork, who never made it on, or Rehnquist, held more strict constructionist views, and in theory stuck pretty close to the law as written. Scalia had his originalism theory, but as applied, that seemed to mean whatever he wanted it to. Warren and Marshall were more willing to look at desired social outcomes. But in none of those cases were the votes clearly along party lines all the time. Tended to depend on the issue at hand.
When you have a panel of 9, one tends to have a mix of views. That mix moves one way or the other depending on the people on board. But generally you have a mix.
And so the Constitution evolves over time.