Calls for judges to be constrained by the Constitution's original meaning are entirely proper--and important.
What the Court does in speech cases -- namely, engage in a genuine effort to identify government officials' true ends and assess their propriety -- it can and should do in all constitutional settings.
When any religious person claims that a sacred text is "dead" -- in that the understanding of its meaning is fixed forever -- they are directly at odds with their own idea of a living, active God
GOP leaders who refuse to hold confirmation hearings and attempt to prevent President Obama from making an appointment violate the legacy of the man they seek to replace.