The Constitution was not made to fit us like a straitjacket. In its elasticity lies its chief greatness.
Living political constitutions must be Darwinian in structure and in practice. Society is a living organism and must obey the laws of life, not of mechanics; it must develop. All that progressives ask or desire is permission-in an era when 'development,' 'evolution,' is the scientific word-to interpret the Constitution according to the Darwinian principle; all they ask is recognition of the fact that a nation is a living thing and not a machine.
The Constitution of the United States is not a mere lawyers' document. It is a vehicle of life, and its spirit is always the spirit of the age. Its prescriptions are clear and we know what they arebut life is always your last and most authoritative critic.
The trouble with the theory [of limited and divided government] is that government is not a machine, but a living thing. This is where the living and breathing constitution comes from. It is modified by its environment, necessitated by its tasks, shaped to its functions by the sheer pressure of life.
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