[mlevental]

>negotiated social contract

the bill of rights was ratified December 15, 1791. in what sense is it still being negotiated?

[mannykannot]

That's basically what the supreme court does. The words remain the same, but the interpretation makes all the difference. Even strict constructionists have to negotiate the acceptance of their view.

[DrScientist]

Excellent point.

[DrScientist]

I'm not an expert on the US system, but I believe ratification implies some sort of agreement.

I also believe there is an amendment process - ie it has changed over time and each of those changes is through some sort of democratic process...

So the debate and negotiation still goes on, even if it changes slowly.