> For the opposing view, Google "mosaic theory." As with many debates, this one comes down to a conflict between people who think the Constitution means what it

> For the opposing view, Google "mosaic theory." As with many debates, this one comes down to a conflict between people who think the Constitution means what it says, and those that believe in "living constitutions" where we should insert things into the Constitution that aren't there, "because change." This is an awful and inaccurate characterization of the position. An idea that both Alito and Sotomayor share common ground on can't possibly be as simple as the picture you present. But don't take my word for it; take Orin Kerr's. http://volokh.com/2012/01/23/whats-the-status-of-the-mosaic-theory-after-jones/ http://volokh.com/2012/01/23/whats-the-status-of-the-mosaic-...