The courts
living constitution
The view that constitutional meaning legitimately develops with changing conditions and understandings, rather than being fixed at ratification.
In full
Proponents argue that broad phrases such as due process, unreasonable searches, and cruel and unusual punishments were written at a level of generality that invites application to new circumstances, and point to decisions on segregation and surveillance. Critics respond that this makes judges into policymakers and bypasses Article V.
Where to go next
Keep going
Browse every term in the glossary, or see the vocabulary in motion in the How government works walkthroughs.
A plain-language explanation for civic education, not legal advice. When in doubt, the official source named above controls.