Even the "living constitution" movement is in retreat
Prof. Cass Sunstein, in the Huffington Post:
On the one hand,
"Some people, above all Yale Law Professor Bruce Ackerman, have urged that the American constitutional tradition includes not merely formal amendments but also "constitutional moments," in which We the People make large-scale changes in our understandings. These changes ultimately have consequences for the meaning of the Constitution."
On the other,
"Predictions are hazardous, but here is a prediction. In the near future, the Supreme Court will conclude that the Second Amendment confers an individual right to own guns. When it does so, its conclusion will be greatly affected by a social setting in which that judgment already has acquired broad public support. And in fact, there now seems to be a general public understanding that the Second Amendment does protect at least some kind of individual right; and that understanding greatly affects American politics. If the Supreme Court finds an individual right to bear arms, it will not really be speaking for the Constitution as it was written by those long dead; it will be reacting to judgments that are now widespread among those now living."