“If you look at Dahlia Lithwick’s recent request of her readers to come up with better defenses of ‘the living constitution’ in Slate, you will note that she fears originalism is too strong rather than too weak, contra Alterman. Indeed, my belief is that the anti-Democratic nature of ‘living constitutionalism’ actually takes many items previously left to the polity and Constitutionalizes them. Even by Alterman’s standard the framers who left all of this to succeeding generations, not the judicial subset therein, would be aghast.” Jonah mentioned the Lithwick article in the Corner last week.