Despite claims by advocates for Common Core, there is no universal timeless interpretation of a text. Meaning then and now is something that we debate, not uncover, while supporting our views with evidence from both the text and from the world.
Cancelation of the passport wasn't just an effort to prevent the whistleblower from getting to a country that might grant political asylum. It was also a declaration that the U.S. government can nullify the right to travel just as surely as it can nullify the right to privacy.
Retired Justice John Paul Stevens has made headlines by explaining how he went from supporting capital punishment to concluding it is unconstitutional. William J. Brennan Jr. might have felt vindicated.
These days, Stern and Wermiel conclude, judicial activism seems to belong "to a bygone era." They may be right. And it may well be that the courts cannot -- and should not -- be relied on so heavily to bring about social change.