It is a phrase loathed by justice Antonin Scalia - anyone, he said, who believes that is "an idiot." But would the constitution have survived for 222 years on the basis of only 27 amendments? Like it or not, judicial interpretation of our constitution is a fact, and it has been a vital component of our history.Still, it wouldn't be Stanley without a little Nixon-bashing. Who started the drive to find strict-constructionist judges that he finds so abominable? You guessed it.
Thursday, May 7, 2009
Stanley Kutler, a scholar of the Constitution long before becoming a nemesis of Nixon, ridicules those who ridicule the idea of a "living Constitution":