Living Constitution, The: Amending and Interpreting the Constitution
The Constitution changes more through interpretation than through the formal amendment process, although there have been periods when numbers of amendments have been passed in a short period of time. The language of the Constitution tends to be very...
Legal Precedent: Proper Role of the Judiciary
The word "activist," often used in reference to court decisions, can have quite different meanings. The Warren court, for example, departed in many ways from decisions of the past and was critical to the struggle for inclusion by communities of colo...
Legal Precedent: Facts, Laws, and Original Intent
In any legal case a basic distinction is drawn between facts, the relevant circumstances of a legal dispute, and applicable laws. The court must consider common law, judge-made law, legislative statutes, and the Constitution which as the higher law ...