Obeying the Constitution
Former Supreme Court Justice Stephen Breyer claims that obeying the text of the Constitution “will not help achieve the goals” of “those who wrote and adopted the Constitution.”
IN FACT, George Washington warned about people like Breyer when he stated that straying from the Constitution amounts to “usurpation” and is “the customary weapon by which free governments are destroyed.”
Breyer’s view — called the “living Constitution” doctrine — empowers a bare majority to trample the rights of the minority, and that’s exactly what occurred in Supreme Court cases like Cruikshank and Korematsu where the Court used this doctrine.