I am so pissed right now. I hate not being able to express myself.
It's about intrepetation and the "Living Document" lie. The Founders were intelligent men, some of who were inventors, Franklin and Jefferson quickly come to mind. They could understand there would be changes to arms, implements used daily, modes of transportation, methods of the Press -- related to arms. They understood the technology of the time was limited to the resources available at the time.
BUT they also understood the nature of men was NOT mutable. There would always be tyrants. There would always be the poor. There would always be moral, immoral and amoral men.
What is necessary is not for a justice to be a strict constructionist or loose constructionist but to understand the INTENTIONS of the Framers. Oliver Wendell Holmes may have been speaking about himself when he discussed generations of imbeciles. You CAN shout "Fire" in a crowded theatre. You will, though, moral - who may have smelled smoke - man, immoral - trying to see how many people die in the stampede - man or amoral - I wonder what would happen if? - man, be held responsible for the consequences.
In conclusion, the next few years of the USSC should be spent reviewing and upholding those judgements that actually are related to the Constitution and removing those that were made as a condition of the times, Dred Scot and Roe v Wade come to mind.
