Let’s not fall, even jokingly, into the Left’s rhetorical trap. The real choice is not between the Left’s “living Constitution” and a dead Constitution. It’s between a make-believe Constitution that is infinitely malleable at the whim of judges (and therefore imposes no real constraints or genuinely secures any rights) and the actual, genuine, sturdy, vibrant Constitution.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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