Scalia embraced that example of a living Constitution (and then some):
"Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce." (from Raich)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=03-1454
Well I can see Scalias point in alot of ways. His argument is what about the ballot box. In this instance he is referring usually to the amendment process. Even though the commerce clause plays a role in the living Const debate I dont think its at the heart of it. In many ways Scalia is right. THe NEw Deal legislation created a change in AMerican Govt and the American people endorsed it.. I can see his point there. Thats the reason why the court is so hesitant to go very beyond their lopez Cae that was decided in the 90's. In the future I expect the court to take very small baby steps to remind the Congress that their power is not unlimited. But we will never go back to a pre-1930 version of the relationship between State and Federal power.