And as for whether the Constitution can survive into the future, Breyer is doing the best he can to kill it now. If and when the Constitution should be amended, it provides the methods by which the PEOPLE, not the unelected JUDGES, can make those changes.
Breyer has no clue as to what it means for the US to have a written Cosntitution that is the collective voice of the people of the US. Breyer has principles, which happen to be dead wrong. He cannot be removed from the bench. Therefore he needs to be constantly outnumbered by Justices who DO understand what it means to enforce a written Constitution.
And that brings us to Justice O'Connor. She has no principles. She votes for whatever feels good, which is why she flips back and forth from competent decisions to incompetent ones. For health reasons, she will be gone from the Court not long after McConnell v. FEC (campaign finance case) is argued on September 8th, and decided about two months after that.
If O'Connor is replaced with a Justice who actually understands and respects the Constitution, Breyer will be appropriately isolated. To do that, however, the Republicans in the Senate need to "go nuclear" on the Democrats there, to break forever the application of the filibuster rule to judicial nominees.
IMHO.
Congressman Billybob
Yeah...like that will happen. You provide the crow and dry ice...I'll freepmail you my address just in case hell freezes.