Jonah — good post on the “dead” constitution. One quick point: As Randy Barnett has pointed out, it is not “judicial activism” for a judge to faithfully apply the Constitution — even if this requires that a judge strike down an unconstitutional law. Rather, it is “activism” for a judge to supplant constitutional meaning with his or her political preferences. So, there is nothing “activist” about overturning bad precedents in order to restore the original meaning of the Constitution.