The Constitution and Interpretation

Don Herzog at Left2Right says it way better than me in his a ritual stupidity.

On and off the bench, when it comes to constitutional law, interpretation is the only game in town. The contrast that matters is that between good and bad interpretations, not between people who "faithfully apply the letter of the Constitution" and those who "make stuff up."

Next time you hear someone pounding the table about Griswold and Roe as instances of legislation from the bench, ask him about Dale. Next time — at confirmation hearings or on the campaign trail — you hear our elected politicians carrying on about strict construction, don't let them sucker you into believing it. After all, I'd hate to believe that they are so stupidly ideological that they've suckered themselves.