Comment Re:About Time! (Score 1) 493
This is the danger of the whole "living Constitution" idea. If the Constitution is as pliable as putty, then it's really just a matter of whose hands the putty is in.
The problem with your idea is that we have a bunch of judges who are perfectly happy to rule, for example, that the 1st amendment only protects speech and words printed on large sheets of paper -- because the Founders couldn't possibly have envisioned the idea of words being transmitted via network cables and cached in RAID arrays.
This is absurd, and there are only two ways out of it. One is to accept that every minute technical or social challenge requires a quorum of the state legislatures, the Senate, and a constitution with 10,050 amendments. At which point the immutable Constitution becomes unusable and is abandoned in favor of some more workable form of government.
The other way is to accept that this is absurd, and that we're going to have to allow the Founders' ideas some room to breathe. And of course, once we do that, there's no clean way to draw the line.
I'm convinced that this is why the Founders gave us three branches of government, two of whom are elected (in some fashion) and in control of appointing the third. It's certainly not perfect, but it works a hell of a lot better than some alternatives.
In any case, if you want to try out Option 1 I'm fine with it -- provided you do it in the desert or on some tropical island somewhere. Option 2, the one so far practiced in the USA, isn't perfect. But we're all here, aren't we?