<Table> <Tr> <Td> </Td> <Td> This section needs additional citations for verification . Please help improve this article by adding citations to reliable sources . Unsourced material may be challenged and removed . (December 2013) (Learn how and when to remove this template message) </Td> </Tr> </Table> <Tr> <Td> </Td> <Td> This section needs additional citations for verification . Please help improve this article by adding citations to reliable sources . Unsourced material may be challenged and removed . (December 2013) (Learn how and when to remove this template message) </Td> </Tr> <P> One accusation made against the living Constitution method states that judges that adhere to it are "Activists" and seek to legislate from the bench . What is generally meant by this is that a judge winds up substituting his judgment regarding the validity, meaning, or scope of a law for that of the democratically elected legislature . </P> <P> Adherents of a living Constitution method are often accused of "reading rights" into the Constitution; that is, they are accused of claiming that the Constitution implies rights found nowhere in the constitutional text . For example, in Roe v. Wade, the Supreme Court held that implicit within the Constitution was a "right to privacy" and that this right extends to a woman's right to decide whether to terminate a pregnancy . As such, the Court held that the government could only regulate this right with a compelling interest, and even then, only if the regulation was as minimally intrusive as possible . Conservative critics have since accused the Supreme Court of activism in inventing a Constitutional right to abortion . This accusation may be accurate (in that abortion rights indeed had not previously been recognized), however as a criticism made by conservatives, it has been applied selectively . For example, few conservatives levy the same claim against the Supreme Court for its decisions concerning sovereign immunity: a term also found nowhere in the Constitution but has been read into the Eleventh Amendment by the Supreme Court and since been expanded by the recent conservative majority . </P>

​which of the following is not characteristic of the living constitution