ABSTRACT
In a popular government, the people should take an active interest in the Constitution that gives form to their politics and protection to their liberties. The view that the Constitution is whatever the Court says it is implies that the Constitution has no meaning in and of itself. One approach to constitutional interpretation involves explicating the constitutional text simply on the basis of the words found there. When neither the constitutional text nor precedent provides an adequate account of the meaning of the Constitution, arguments from “constitutional doctrine” might be raised. Based on changing conditions and the lessons of experience, the adaptive, or “living Constitution,” approach holds that constitutional interpretation can and must be influenced by present-day values and take account of changing conditions in society. When textual analysis alone is inadequate, many students of the Constitution turn to previously decided cases, searching for answers on the basis of precedent, or stare decisis.
