"The Constitution not only sets limits on official power, Breyer asserts; it insures the right of ordinary citizens to shape the workings of government"
Law students are taught that there are 3 basic rules in statutory construction: read the statute; read the statute; read the statute. Law is not rocket science and the US Constitution is not a penumbra. When elaborate intellectual contortions are applied to devise some elusive 'true meaning', the document is subjected to torture that be turned around to justify slavery, tyranny and despotism.
That's better.
"it insures the right of ordinary citizens to shape the workings of government"
What insures the right of ordinary citizens is the ability to VOTE on issues as required in a representative government. Breyer is totally ignoring the who point of Scalia and Thomas's arguments...that a NINE JUDGE court is NOT given power by the Constitution to LEGISLATE or write laws. It is up to the PEOPLE who elect our representatives to do so. Naturally, Breyer wants to interpret the constitution in his own way...it gives HIM the power. The framers believed that each branch of government would jealously guard their responsibilities and in doing so, the branches would remain "equal." Since Liberals can't win elections on their own policies, they want to use the courts to do it...because ultimately they are elitists who wish to rule.