by James Huffman
Hoover Institution
April 13, 2012
Living constitution theory, even in the sheep’s clothing of whole constitution theory, runs contrary to the rule of law and constitutional government. For a constitution to serve its purpose as a constituting and constraining document for government, its meaning cannot be adjusted, day by day, by those whose offices it has established and whose acts it is meant to constrain. Like every other law, a constitution must bind the government official, whether judge, legislator, or administrator, to its pre-determined meaning. That is the essence of the rule of law and of constitutional government.



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