@article{11474,
  author = {Keith E. Whittington},
  title = {It{\textquoteright}s Alive! The Persistence of the Constitution},
  abstract = { <p>I do not believe that it is fruitful in either descriptive or normative terms to regard the written Constitution as a form of "temporal imperialism" that allows its authors to "dictate, even when their bodies are silent in death." In this essay, I attempt to ameliorate the problem of the "living dead" Constitution by indicating how the Constitution has been regularly updated and supplemented over time, so that the governing constitutional practices and principles largely reflect contemporary mores. I nonetheless sketch a brief defense of the authority of the original text and intent of the Founders for judicial constitutional interpretation, but argue that the best justification for the authority of original intent lies in a theory of contemporary popular sovereignty not in any intrinsic authority of the dead.</p> },
  year = {2002},
  journal = {The Good Society: A PEGS Journal},
  volume = {11},
  pages = {8-12},
  language = {eng},
}