Picking Pickering's Brain

John Hawkins at Right Wing News has posted his interview with retired Judge Charles Pickering (sent to the federal bench by President Bush in a recess appointment after being filibustered by the minority), author of the recently published Supreme Chaos: The Politics of Judicial Confirmation and the Culture War.

Judge Pickering offers keen insights into Constitutional philosophy and the judicial confirmation process.  Very much worth the read.

John Hawkins: Do you think the idea of a "living constitution" is a fundamentally undemocratic concept? If so, why do you think that?

Charles Pickering: Absolutely. Well, I think it is because of this: in our Constitution that was adopted and the people ratified it, that became a contract between the people and their government and we lived under that until 1971 which is almost 200 years. It was amended some 16 times, an average of once every 10 to 11 years. From 1933 to 1971 it was amended 7 times for an average of once every 5 to 6 years. Now, since 1971 far left groups, radical groups, learned it was easier to convince 5 members of the Supreme Court to change the Constitution than to convince the voters and their elected representatives to change it.

Read the whole thing.