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Progressive Reading Of The Constitution For The Twenty First Century

Jese Leos
· 17.2k Followers · Follow
Published in We The People: A Progressive Reading Of The Constitution For The Twenty First Century
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The Importance of a Progressive Reading of the Constitution

The Constitution of a nation serves as the bedrock of its legal system, defining the fundamental principles upon which a society operates. As times change and new challenges arise, it becomes imperative to approach the interpretation and application of the Constitution from a progressive standpoint. In this article, we will explore the relevance and necessity of a progressive reading of the Constitution for the twenty-first century.

The Evolving Society and the Constitution

The world we live in today is vastly different from the one in which the Constitution was drafted. The Founding Fathers could not have anticipated the advancements and complexities of the modern world. To ensure that the Constitution remains a living document, capable of addressing contemporary issues, it is essential to interpret its provisions progressively.

A progressive reading of the Constitution recognizes principles such as equality, justice, and individual rights as timeless values that must be applied in a manner that is relevant to the current social and political landscape. By embracing a progressive approach, we can adapt constitutional interpretations to reflect the diverse and evolving needs of society.

We the People: A Progressive Reading of the Constitution for the Twenty-First Century
by Erwin Chemerinsky (Kindle Edition)

4.6 out of 5

Language : English
File size : 3023 KB
Text-to-Speech : Enabled
Enhanced typesetting : Enabled
Word Wise : Enabled
Print length : 304 pages
Screen Reader : Supported

Challenges Faced in a Progressive Reading

While a progressive reading of the Constitution is crucial, it is not without its challenges. One of the main obstacles lies in striking a balance between safeguarding the original intent of the Constitution and interpreting it in a way that accommodates modern-day realities.

Opponents argue that the original intent of the Framers should be strictly adhered to, as any deviation would undermine the reliability and stability of the Constitution. However, adhering too closely to the original intent may fail to address the changing needs of a diverse society.

The Role of the Judicial System

The judicial branch of government plays a pivotal role in ensuring a progressive reading of the Constitution. It is through landmark cases and judicial decisions that interpretations and adaptations take place.

For example, the Supreme Court's ruling in Brown v. Board of Education in 1954 exemplified a progressive reading of the Constitution by striking down racial segregation in public schools. This decision not only corrected a longstanding injustice but also set a precedent for future interpretations of equal protection under the law.

Adapting to Technological Advancements

Technological advancements have revolutionized the way we live, work, and communicate. As we navigate the twenty-first century, it is crucial that a progressive reading of the Constitution takes into account these advancements.

The right to privacy, for instance, has become increasingly relevant with the rise of digital surveillance. Progressive interpretations of the Constitution must address the potential infringements on individual privacy rights and strike a balance between protection and security.

A progressive reading of the Constitution is vital for the twenty-first century to ensure that the foundational principles of our society continue to guide us in a world of constant change. By embracing adaptability and recognizing the evolving needs of our society, we can ensure that the Constitution remains a living document that upholds the values of equality, justice, and individual rights.

We the People: A Progressive Reading of the Constitution for the Twenty-First Century
by Erwin Chemerinsky (Kindle Edition)

4.6 out of 5

Language : English
File size : 3023 KB
Text-to-Speech : Enabled
Enhanced typesetting : Enabled
Word Wise : Enabled
Print length : 304 pages
Screen Reader : Supported

"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture

Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now.

University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights.

But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality.

Includes the Complete Constitution and Amendments of the United States of America

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