Topic: The Constitutions as a Living Thing
Senator: Specter
Date: SEPTEMBER 13, 2005
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SPECTER: Let me move to two more points before my time is about to expire in two minutes and 35 seconds.
There's a continuing debate on whether the Constitution is a living thing. And as you see Chief Justice Rehnquist shift his views on Miranda, it suggests that he would agree with Justice John Marshall Harlan's dissent in Poe, where he discusses the constitutional concept of liberty and says, quote, "The traditions from which it developed, that tradition is a living thing."
Would you agree with that?
ROBERTS: I agree that the tradition of liberty is a living thing, yes.
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