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Whether the Constitution is a living document or not is a moot point since the Constitution is what the Supreme Court says it is - and therein lies the problem.

There's discussion here about what O'Conner will or won't do, but one day she'll be gone and another, UNelected, justice will take her place and this whole arguement will begin again.

The REAL problem is why justices have no electorial accountability to The People. In other words - how do you fire them?

If you owned a business and the person you hired to run the place ran the business into the ground, wouldn't you fire him?

If you owned a sports team and you had a manager who lost game after game, wouldn't you fire him?

So, how is it that we have a Judiciary that is running the Constitution into the gound, on a yearly basis, and we have no way of firing the people responsible?

Justices are APPOINTED for life and are accountable to one one. The Legislature has the authority to regulate the court, but doesn't. What we have then is a rogue court with an aristocratic mentality.

We're not talking about just one ruling. The high court has consistently passed down rulings that alter the social fabric of this nation without any input from The People.

That is LEGISLATION WITHOUT REPRESENTATION, and it must be remedied.

The Founding Fathers installed a mechanism within the Constitution to remedy such power grabs. An Amendment to to directly elect the Judiciary is the only way to put the brakes on what has become a runaway court.