But disregarding the text of the Constitution because it does not comport with your vision of the "rule of law" is as much judicial "activism" — if one must use this phrase — on the right, as it is when the Left discards the text because it does not meet their vision of "Justice." In either case, judges are substituting for the text something they prefer, which in this case is silence where the Constitution is in fact speaking quite eloquently.

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