The Living Constitution
Elena Kagan, like all the other recent nominees to the Supreme Court bench, has had to contend with questions about how strictly she’d stick to the Constitution. As David A. Strauss explained, many people seem to think that the Constitution should be interpreted rigidly – sticking as closely as possible to the framers’ intent – while others think it should be completely flexible. “It bothered me that a lot of people, including pretty sophisticated people, seemed to think that, in interpreting the Constitution, we are faced with a really unattractive …
