“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries — well, just a little more than two centuries, and of course less for many of the amendments),” he wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century.”Sounds like a remedial course in Aristotle's Politics would be helpful. There's a reason constitutions -- not just ours -- are an important feature in keeping a government from turning toxic. To whit, they restrain the class that exercises power from pursuing its own interests instead of the common good. Constitutions represent a permanent statement about the will of the people. They can be altered but not easily, and only with widespread consent.
He added, “let’s not let the dead bury the living.”
Perhaps the most destabilizing American political factor of all in my lifetime has been the transformation of the Supreme Court into a rolling committee on amending the Constitution. Perhaps not: there are several other candidates, such as the vast increase in executive branch legislation-by-regulation, or the success by the global financial/corporate sector in capturing Congress (and certain Presidents) to serve their interests instead of the American people's interests. This sway by the Federal courts toward thinking of themselves as superior to the Constitution, of their will as having priority in determining the content of the Constitution, is at least one of the major factors in destroying the American republic.