That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break. But you would have to be an idiot to believe that. The Constitution is not a living organism; it is a legal document. It says something and doesn't say other things.
Antonin ScaliaThe right of parents to direct the upbringing of their children is among the unalienable rights with which the Declaration of Independence proclaims 'all Men are endowed by their Creator.'
Antonin ScaliaIf we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?
Antonin ScaliaAs long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.
Antonin ScaliaThe Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.
Antonin Scalia