How does Davis Strauss explain the way that the US has a living constitution?

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BlackTom AI · Accepted Answer

The question asks about Davis Strauss's explanation of how the US has a living constitution, so we should examine which statement reflects his view.
Option 1: 'Justices must consider how the moral principles and value commitments of the Constitution apply to today's world, even if the majority of citizens do not yet see the trajectory of the ideals.' This sentiment aligns with the broader idea of constitutional interpretation evolving with changing moral understandings, which captures living-constitution thinking in spirit but is not the specific phrasing attributed to Strauss.
Option 2: 'Justices focus on the voice of the people captured in the words of the Constitution and bring this authority to life with every decision that they make.' This option emphasizes a strict reading of textual sovereignty and popular sovereignty, rather than interpreting evolving principles, which differs from Strauss's approach.
Option 3: 'Justices apply the precedents from earlier cases, building on the reasoning of previous generations and incorporating these ideas into the present.' This description mirrors a tradition-conscious, precedent-based method, where current decisions are shaped by the lineage of reasoning from earlier generations, aligning with the living-constitution concept as explained by Strauss.
Option 4: 'Justices monitor national trends to interpret and apply the ideals of present day society, ensuring that the Constitution is kept up to date with people today.' This portrays a more trend-driven, flexible updating mechanism and emphasizes contemporaneity, which is characteristic of some living-constitutional theories but not the precise stance attributed to Strauss in many discussions.

In sum, the option that most closely matches Strauss’s explanation is the one that foregrounds building on earlier precedents and the ongoing flow of reasoning across generations, rather than relying solely on textual meaning, popular voice, or merely current trends. The interplay between past and present reasoning is central to a living constitutional approach framed around precedent and evolving interpretation.

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How does Davis Strauss explain the way that the US has a living constitution?

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