Liberals who are dismayed by the confirmation of Supreme Court Justice Neil Gorsuch should cheer up. Things could be a lot worse. Some day, conservatives may embrace post-constitutionalism, just like the left. On that day, liberals will appreciate the Neil Gorsuches and the Antonin Scalias, just as Donald Trump has taught them to appreciate George W. Bush.
Unlike most conservatives, I do not think of our existing Constitution as a particularly great governing document. I appreciate it for establishing a set of norms. Our Constitution creates a set of rules and plausible interpretations for political actors. It places bounds on power. Perhaps some other structure would be better—but we have every reason to doubt that either our disconnected and grasping elites or our hapless, thoughtless, almost hopeless populists could design an improved system.
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