As usual, tpaine, you and I agree.
I was going to reply to Richard Kimball by stating that Robert Bork is one of the last individual's to believe in the "presumption of liberty."
But you nailed well with your response.
The Supreme Court, and to some extent lesser courts, have gathered to themselves the sole ability to say what it means. Thus, we are moving to a point in which only ideologues of either side will be considered for appointment.
Will all our liberties reside in the hands therefore of the most ideologically extreme among us? Both Right AND Left would strip from us essential liberties that "offend" them.
Personally, I would not wish to live in a Utopia designed by either Jerry Falwell OR Tom Daschle.