Justice Alito's Living Constitution

What is Justice Alito's view of living constitutionalism?  He certainly wouldn't want to endorse it formally.  But over at Co-op, Tommy Crocker offers up a nice explanation of how Alito has just outed himself as a living constitutionalist in McDonald v. Chicago.  Sure, Alito might abandon the approach next time (and OK, he'll surely deny it this time)  but for now, and for future Justices who need the analytical ammo, I'm kind of liking Tommy's take.

Comments

[Ben Buchwalter]

I'm constantly surprised by they way conservatives claim that liberals are dangerously in favor of changing the constitution when you see decisions come down the line like McDonald v. Chicago and Citizens United. Al Franken has been particularly critical of conservative judicial activism and hypocritical statements from the right. It seems to be more about political ideology than judicial philosophy.