Is it really so easy to determine that smacking someone in the face to find out where he has hidden the bomb that is about to blow up Los Angeles is prohibited by the Constitution?

There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.

If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility.

The Constitution does not trust judges to make determinations of criminal guilt.

The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms.

With respect to public acknowledgment of religious belief, it is entirely clear from our nation's historical practices that the Establishment Clause permits this disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists.

A journalistic purpose could be someone with a Xerox machine in a basement.