Dismaying evidence that those on the left are very unclear on the constitutional concept:
While 82% of voters who support McCain believe the justices should rule on what is in the Constitution, just 29% of Barack Obama’s supporters agree. Just 11% of McCain supporters say judges should rule based on the judge’s sense of fairness, while nearly half (49%) of Obama supporters agree.
That’s pretty much a reflection of what the candidates themselves think. It’s almost enough to make me an enthusiastic McCain supporter.
A sense of what is “fair” is, in the first place, subjective and in the second place liable to change over time. That is what the law is for, to formalize what a majority of the people’s representatives think is currently fair and just — as long as the law can be changed according to constitutional principles. The Constitution contains the nation’s bedrock governing philosophy. To change it whimsically, based on what a handful of justices think meets contemporary standards, is to risk destroying it or at least to strip it of any meaning.