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A "living Constitution" approach, Scalia said, gives a judge far too much interpretive latitude.
This is the living Constitution of the liberals on today's Court, not the entrenched document of the marriage dissenters.
It doesn't matter if you're an "original intent" guy, a "living Constitution" gal, or a "plain language" purist: routine supermajorities are a big fat no-no.
It is how Britain's "living constitution", in Walter Bagehot's phrase, has emerged, through parliamentary grandstanding and contestation, and the process has provided good sport for those concerned.
But there is no better example of the living Constitution than the conservative re-casting of the Second Amendment in the last few decades of the twentieth century.
They mock the so-called liberal idea of a "living" constitution, whose meaning changes with the values of the country at large.
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Most reunited rock bands hope to be Living Constitutions: still dynamic after canonization.
And while there is an urgent normative debate underlying this issue -- over whether the Constitution should evolve or stay static -- no one ought to be allowed to claim that the act of clubbing a live Constitution to death isn't activism.
Woodrow Wilson declared, "Living political constitutions must be Darwinian in structure and in practice".
For the past year, I have been challenging all those who claim "they would die to protect the Constitution" to take the more modest step to live the Constitution.
Simply put, they had understood themselves to be living under a Constitution that guaranteed that their land belonged to them.
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