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Kagan embraces notion of living Constitution

Last Updated: Tuesday, June 29, 2010 - 19:19

Washington: Supreme Court nominee Elena Kagan is calling the Constitution a living document, saying it`s framers wrote it to last through ever-changing circumstances.

Her remarks in an exchange with Sen. Patrick Leahy on the second day of confirmation hearings touched on suggestions by Republican critics that she would legislate from the bench.

Kagan said the Constitution`s authors laid out both specific rules and broad concepts. She noted they declared 30 the minimum age to be a US senator but didn`t elaborate on the Fourth Amendment`s "unreasonable search and seizure." Kagan said they could have been more specific, but couldn`t have known about bomb-sniffing dogs and computers.
"Either way," she said, "we apply what they meant to do, so in that sense we`re all originalists."

Bureau Report

First Published: Tuesday, June 29, 2010 - 19:19

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