From Barack Obama via Kevin Baker's newest post "The Nuclear Option"
"Because federal judges receive lifetime appointments, and often serve through the terms of multiple Presidents, it behooves the President and benefits our Democracy to find moderate nominees who can find some measure of bipartisan support."
The Constitution either has meaning or it doesn't. If judges interpret it "moderately" in order to "benefit our Democracy" they will have stripped it of all meaning. "Moderate" interpretation means picking and choosing which rights are important. It allows justices to read certain areas of the Constitution so narrowly that they lack all practical meaning, and they can base themselves on the reasoning that such an interpretation "benefits Democracy." If you abide by the doctrine of a "living Constitution" and ignore the text and it's accompanying historical context you may as well just kiss the Bill of Rights goodbye.
I have some blunt words for that during Tourette's Awareness Month. FUCK DEMOCRACY! This is a CONSTITUTIONAL REPUBLIC, where the Constitution reigns supreme rather than the "will of the people."
My god, if we could get rid of the Commerce Clause and all the resulting bullshit "powers" of the Federal government this country could make some real progress. The New Deal programs were never Constitutional, but they got rammed down the country's throat. This country was never the same after FDR, and now we've got a guy in Obama who has the same insane concept of "rights" and the role of government.