I couldn’t help but notice that during his speech yesterday, President Obama spoke in reverential terms about the Constitution. Yet when it comes to his own judicial philosophy — and, I expect, to his Supreme Court nominee — the Constitution will be viewed with a great deal less veneration. It will be seen as a “living” document, one that has no fixed meaning and can be reinterpreted for any reason at all, with new rights being manufactured out of thin air and rights enumerated in the Constitution conveniently ignored. President Obama not only selectively invokes the Constitution to advance his ideological aims; he does so in all the wrong ways. It is an astonishing, and worrisome, thing to behold.
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