This morning on CNN, Mike Huckabee said that the Constitution is “a living, breathing document.” If you read the full transcript, you’ll see that Huckabee wasn’t embracing the view of liberal theorists – that judges should adapt the Constitution – and thus make it “live” and “breathe” – in order to meet the needs of a changing society. In fact, Huckabee has been critical of decisions in which judges have undertaken to make the Constitution “live” – Roe v. Wade in particular. In the CNN interview, Huckabee made the point, though awkwardly, that the Constitution has built within it a mechanism – the amendment process spelled out in Article V – by which we the people, and not the judiciary, may change the Constitution. This is what he meant in saying – here is the full quote – that the Constitution is “a living, breathing document written in order that it could be changed.” Still, conservatives interested in the law tend to wince upon hearing endorsements of a “living” or “breathing” Constitution, even those, as here, which can be explained. I think it would have left CNN’s John Roberts speechless if Huckabee at some point had said, “Look, John, I believe in a ‘dead’ Constitution.” Justice Scalia would have understood, however.
