My point is that there is no way to apply the wording in the Constitution directly to most modern-day legal problems, and that the reactionaries on the right that tout the all-encompassing infallibility and applicability of a 200+ year old document are either ignorant or lying. Critics on the right generally claim that their less-radical counterparts are engaging in "judicial activism" and "legislating from the bench" though when their own allies do it there is not a peep. The recent court decision that equates "free speech" with unlimited monetary donations AND extends that right to corporations and other monied interests is a particularly egregious example of such activism. There are a lot of young neo-cons on the court right now, with life-time appointments, so any claims that judges appointed by Obama need to pass some kind of "purity test" ought to be taken with a rather large grain of salt. Really! The thought that a quiet, well-balanced justice like Souter is an "activist" is ridiculous on the face of it.