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Originally Posted by dc_dux
The concept of "what the constitution SPECIFICALLY authorizes the government to do" was debated by the founders and for the two hundred years since its adoption - original intent vs living document.
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um...... actually, no. The concept of a living constitution is relatively recent. Up until about 75 years ago, as a general matter, it would never have occurred to anyone to say that the constitution changes outside the amendment process. They certainly would agree that courts might change their rulings about the constitution, but that's a different concept. Pretty much until the New Deal courts almost always felt compelled to justify decisions by reference to text - sometimes disingenuously, sure, but at least the basic theory was that a written text had an ascertainable meaning.
Again, this is a vast oversimplification but true in gross.