Definition: Judges rely on the so-called Living Constitution to make the Constitution comport with their self-described enlightened sensibilities.
"Evolving Standards of Decency": Rather than interpreting the Eighth Amendment according to its original meaning, judges assert erroneous assessments of popular opinion in order to supplant the amendment with their own preferred meaning.
Substantive Due Process: Judges read broad constitutional terms divorced from any textual or originalist moorings, thereby making them empty vessels into which they can pour any policy preferences they desire.
Making Up Rights: Judges create a "right" not found anywhere in the text of the Constitution or our nation’s laws and traditions, thus abandoning their duty to interpret the Constitution and instead endeavoring to amend it.