The Constitution has been under relentless, constant attack by liberals/leftists since 1934.
And they got the upper hand in 1937.
No, actually it has been exiled. Indeed, the concept was used as a point around which to pivot a (kind of) question to Judge Roberts at his confirmation hearing by Senator Biden. My take on the question was to beg Roberts to indicate that the Constitution is more “living” than constant.
“...
BIDEN: And once again, when it should be even more obvious to all Americans we need increased protections for liberty as we look around the world and we see thousands of people persecuted because of their faith, women unable to show their faces in public, children maimed and killed for no other reason than they were born the wrong tribe; and once again, when it should be obvious we need a more energetic national government to deal with the challenges of the new millennium — terrorism, the spread of weapons of mass destruction, pandemic disease, religious intolerance — once again our journey of progress is under attack.
And it’s coming from, in my view, the right. There are judges, scholars and opinion leaders who belong to this group of people, who are good, honorable and patriotic Americans. They believe the Constitution provides no protection against government intrusion into highly personal decisions like the Schiavo case, decisions about birth, about marriage, about family, about religion.
There are those who would slash the power of our national government, fragmenting it among the states in a new reading of the 10th and 11th amendment.
Incredibly, some even argue, as you well know — people won’t believe this — but some are arguing today, in this constitutional exile group, who argue that the national government has no power to deal with what’s going on in the Gulf at this moment.
Judge, I don’t believe the Constitution — I don’t believe in a constitution where individuals could, for very long, have accomplished what we did had we read it in such a narrow way....”
[My comment goes further. Liberals are busy constructing and maintaining their own Camelot, where nothing Bad ever occur, where policies are judged on their intentions and not on their results, where the First, Second, Fifth, Ninth and Tenth Amendments are just to limiting and must be easily reinterpreted if not reconstructed so they support our ever-changing fashion and passion and don’t get in the way. So, the constant words of the Real Constitution have been sent away, in some cases like the Second Amendment, very far away into exile and the concepts expressed by those words have been crafted over the years to bring Camelot closer than ever before. Senator Biden is a citizen of this Camelot.]