On Monday, Seventh Circuit Court of Appeals Judge Richard Posner, who is an ardent advocate for judicial rule by fiat, announced that it was now a waste of time to worry about the Constitution. In a column for Slate.com, Posner announced that it was time for the courts to take charge:
<blockquote>
I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries&#8212;well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21stcentury. Which means that the original Constitution, the Bill of Rights, and the post&#8211;Civil War amendments (including the 14th), do not speak to today. David Strauss <a href="https://www.amazon.com/Living-Constitution-INALIENABLE-RIGHTS/dp/0195377273?ie=UTF8&amp;tag=slatmaga-20">is right</a>: The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about. In short, let&#8217;s not let the dead bury the living.

Federal Judge Says The Constitution Is Irrelevant. Here’s Why He’s Wrong.

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Federal Judge Says The Constitution Is Irrelevant. Here’s Why He’s Wrong.