Earlier quoted context omitted.
The "living constitution" angle doesn't get you anywhere. If we are going to "pragmatically reinterpret" the Constitution to allow the modern administrative state, that just makes it more exigent to "pragmatically reinterpret" the law to ensure effective presidential control over the administrative state. I'd start by reinterpreting the Hatch Act to allow prosecuting anyone in the government who "resists" policies su…
> The "living constitution" angle doesn't get you anywhere. Says who? The Constitution is in essence the basic operating manual for American national government. Conditions on the ground have changed — and we've learned more about the world — since 1787. It'd be unpragmatic (read: insane) to insist that the original modus operandi MUST stay the same forever and ever, just because that's how they did things in 1787, a…
But the “living constitution” is nothing more than imposing one’s ideological priors onto the document. I happen to think the crisis of a permanent bureaucracy that is ideologically divergent from the population is far more “dangerous” than anything else the country faces. If we are going to “pragmatically reinterpret” the constitution, that’s the challenge that such interpretation needs to meet.