"Law, Like Life, Is Messy and Complicated"

"Constitutional law is far from the arbitrary will of the justices; rather, it is built up slowly and incrementally; it grows the way the common law has grown, inch by inch, case by case. Each generation builds on the 'accumulated wisdom of previous generations.' Constitutional law evolves, but not randomly or whimsically; it changes as society changes and never (or almost never) abruptly. Many, if not most, of the novelties that the Court reads into the Constitution have already become socially accepted or are shortly going to be. Its rulings on race and sex discrimination are perfect examples."

In The American Prospect, Lawrence M. Friedman reviews David A. Strauss's The Living Constitution and Barry Friedman's The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution.