justified. Fair criminal and civil procedures must be
dismantled since they have no specific textual reference in the
Constitution. Freedom of speech, religion, and property rights are all
called in question. Also affected is the legitimacy of franchise and
legislative apportionment bodies of doctrine. The equal protection
clause of the Constitution when read literally outlines the defense of
some forms of racial discrimination. However, it does not immediately
guarantee the right to vote, eligibility for office, or the right to serve
on a jury. Additionally, the clause does not suggest that equal-facility
segregation is not to be allowed. Finally, the freedom from cruel and
unusual punishments as outlined in the eighth amendment loses its
flexibility. In this manner, a prima facie argument against the
interpretive model is evident. Without the ability to move beyond the
specific wording, the Court loses its authority to protect what society
values as basic human rights. A fundamental question relevant to this
debate is whether or not values within our society are time-enduring
or changing. When the Supreme Court makes a controversial
decision, does it use the text of the Constitution to legitimize principles
of natural law, social norms and arrangements? Or, is it acting as an
interpreter of slowly changing values and imposing its views on society
through its decisions? The Constitution is not a stagnant document; it
is very much alive and ...