Raise your hand if you could have voted 200 years ago.

If democratic legitimacy is the measure of a sound constitutional interpretive practice, then Justice Scalia needs to give an account of why and how rote obedience to the commitments of voters two centuries distant and wildly different in racial, sexual, and cultural composition can be justified on democratic grounds.

Jamal Greene, Columbia law professor, quoted in
The Commandments
Jill Lepore
The New Yorker
January 17, 2011