"I believe in an evolving Constitution. A flexible Constitution leaves room for us to consider not merely how the world once was, but how it ought to be"
About this Quote
Spitzer is selling pragmatism with a moral edge: the Constitution is not a museum piece but a working instrument, and the point of interpretation is not to reenact the past but to steer the country toward a better version of itself. The key move is the pivot from “was” to “ought.” That single word quietly reframes constitutional debate from archaeology to governance, from fidelity to ancestors to accountability to contemporaries. It’s an argument that law isn’t just restraint; it’s an ongoing project of collective self-correction.
The subtext is a shot across the bow at originalism without naming it. By calling flexibility a virtue, Spitzer implies that rigid readings aren’t neutral or principled, but evasions - ways to smuggle political preferences in under the banner of “history.” “Evolving” also borrows the authority of science and progress: change is cast as natural, even responsible, rather than as judicial overreach. The formulation flatters a modern listener who wants institutions to keep up with lived reality - technology, privacy, inequality - problems the framers couldn’t have fully mapped.
Context matters because Spitzer isn’t a judge writing from the bench; he’s a lawyer-politician who made his name as an aggressive regulator and prosecutor. That biography colors the line: flexibility here isn’t academic nuance, it’s operational. He’s defending the legitimacy of using law as a tool to confront new concentrations of power. The quote works because it’s simultaneously uplifting and strategic: it invites moral imagination (“ought”) while giving cover to broad interpretive authority (“flexible”).
The subtext is a shot across the bow at originalism without naming it. By calling flexibility a virtue, Spitzer implies that rigid readings aren’t neutral or principled, but evasions - ways to smuggle political preferences in under the banner of “history.” “Evolving” also borrows the authority of science and progress: change is cast as natural, even responsible, rather than as judicial overreach. The formulation flatters a modern listener who wants institutions to keep up with lived reality - technology, privacy, inequality - problems the framers couldn’t have fully mapped.
Context matters because Spitzer isn’t a judge writing from the bench; he’s a lawyer-politician who made his name as an aggressive regulator and prosecutor. That biography colors the line: flexibility here isn’t academic nuance, it’s operational. He’s defending the legitimacy of using law as a tool to confront new concentrations of power. The quote works because it’s simultaneously uplifting and strategic: it invites moral imagination (“ought”) while giving cover to broad interpretive authority (“flexible”).
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
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