Do we have a “living constitution”? Look in your fridge for the answer

Some people, like this U of Chicago law school jurist, argue that the US has a “living Constitution.” By that they mean that the Constitution must change without formally amending it because society experiences great changes and “it is just not realistic to expect the cumbersome amendment process to keep up with these changes.”

The evidence that this argument is false can be found in the Constitution itself.  Article II, section 1 specifies the exact oath of office the president must swear before taking office. That oath is shown immediately below.


Notice the word “preserve” in the oath.  When you think about the meaning of the word “preserve”, what do you think of? Consider for example your local historical preservation society, and what their mission is.

If you are still in doubt about what the word “preserve” means, open your fridge and consider the “preserves” in your fridge, and what the manufacturer of them means by the word “preserves”. Consider also that the meaning of the word “preserve” has not changed since the US Constitution became the law of our land.

Searching Google, I found nobody else making the above argument. So I did.