One of the strongest divides in the political spectrum is the conflict between a “living, breathing constitution” and a strict constructionist.

Thurgood Marshall explained his philosophy, “You do what you think is right and let the law catch up.” This is probably the most transparent statement of a “living, breathing” constitutional philosophy. Arthur Goldberg once similarly commented that he tried to determine “what is just”.

If we are to be a country of laws, and not of men, then there is no room for an individual, even in a black robe, to determine what is and what is not just; that is the role of the law. There is a big difference between even a wide interpretation of the law, and merely casting it aside to render your personal judgment of justice. Even with the best of intentions, such a philosophy guts the constitution.

And you know what the road to hell is paved with.

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