The five conservative justices on the Supreme Court -- Clarence Thomas, Samuel Alito, Antonin Scalia, John Roberts and Anthony Kennedy -- cloak themselves in the myth that they are somehow channeling the wisdom and understanding of the Founding Fathers, the original intent that guided the drafting of the Constitution. I believe the premise of their argument is itself suspect: It is not clear how much weight should be given to non-textually based intent that is practically impossible to discern more than 200 years later. Most of the issues over which there is constitutional dispute today could not even have been...