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According to Some Legal Scholars, Why Is the "Living Document

Question 25

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According to some legal scholars, why is the "living document" argument problematic for interpreting the Constitution today?


A) Ignoring the framers' intent can allow for arbitrary law based on the individual preferences and biases of judges.
B) The framers could not have envisioned the complex public policy issues of today, and an eighteenth-century document cannot adequately address contemporary societal problems.
C) Congress, not the Supreme Court, should have the right to determine the meaning of the Constitution.
D) The framers did not provide a means to amend the Constitution, so they did not want the structure of government to change over time.

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