Something to ponder...

"If you have an evolving Constitution, somebody's going to have to decide, and I think that what has happened is that after 50 or 60 years of an evolving constitution, people have come to realize what is going on: that the people that they are selecting, not just for the Supreme Court, but even for the Court of Appeals, have enormous policy discretion, and I think that is what is going on. Judges have become political entities much more than they ever were."

-- Justice Antonin Scalia