“The Constitution ***changes*** from decade to decade to comport with — and this is a phrase we use in our 8th Amendment jurisprudence, we the court does — to comport with ‘the ***evolving*** standards of decency that mark the progress of a ***maturing*** society.'”
AND: “Scalia dismissed the modern clout of the U.S. Constitution, casting it as outdated. ‘It’s not a living document,’ (Antonin) said, according to the Dallas Morning News. ‘It’s dead, dead, dead.'”
Which is it? Are they somehow both simultaneously? Antonin (“we the court does”) give the S.C. law clerks shivering-fits much?
Everybody duck; I feel one of those ‘classical’ commentaries coming on … “He is winding the watch of his wit — by and by it will strike … ” — Wm. Shakespeare