<p>
[quote]
Ah yes, clearly - because of the article of the constitution that makes it so easy to change so we can just change things we don't like at a whim....
[/quote]
We can't, no, but the government can change things if it is necessary and proper. (See Article I, Section VII)</p>
<p>
[quote]
Thats not what I said - I said that they back up my originalist/textualist interpretation of the constitution (obviously), and not the "living document" theory.
[/quote]
You apparently are not aware of the definition of immutable.
[quote]
m·mu·ta·ble adj. Not subject or susceptible to change.
[/quote]
Okay, go for it. Show me where the Constitution should not be a living document - in either the Federalist Papers or in the Constitution itself. Are you saying that the elastic clause was there by accident, that it was overlooked?</p>
<p>I'm sorry, the only way you could say that the people who wrote the Constitution did NOT want it to be a living document would be if you had no knowledge of history or government. Here, try this on for size: (from the Committe of Detail [and so you don't have to look it up - not having taken a Government class will let you miss a surprising amount of information -, they were the men who were chosen to draft the Constitution], no less)
[quote]
In the draught of a fundamental constitution, two things deserve attention:</p>
<pre><code> 1. To insert essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events: and
2. To use simple and precise language, and general propositions, according to the example of the constitutions of the several states.
[/quote]
How can you argue with that by saying the original intent was to be unalterable? Or how about John Marshall in McCulloch vs. Maryland, where the concept of judicial review (the basis for the Judicial Branch) was established:
[quote]
[the Constitution is] intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs
[/quote]
And Thomas Jefferson himself:
[quote]
I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.
[/quote]
I think the writer of the Declaration of Independence, the framers of the Constitution and (arguably) the most important Chief Justice trump Justice Scalia.
</code></pre>