New York TImes on instant check and.. the constitution

Yes, it is right there after the constitutional right to "screw." Just ask that other NY constitutional scholar - Al Goldstein.

It appears right after "separation of church and state."

My e-mail to the editor:

In the editorial "Locked, Loaded and Looney", you reference "that other constitutional right — to life, liberty and the pursuit of happiness." I am very interested to know in which particular constitution did you discover that right. It certainly is nowhere to be found in the United States Constitution. Too many these days have the incorrect impression that it is government's role to assure them a nice and happy life. Alas, the Constitution provides no such guarantee. The term "life, liberty and the pursuit of happiness" comes from the Declaration of Independence. Perhaps the editors should re-visit the U.S. Constitution and its history. Perhaps you will discover what it actually says and what it actually was meant to protect.

Well, sure, actually bothering to read the document might help, but only if you've limited yourself to textual literalism. That tends to make it really hard to see the "living, constantly evolving" Constitution" that they know in their guts has to be lurking there, somewhere ... perhaps hiding in an emanation of some penumbra.