Posner on Jurisprudence and the Constitution

This post by Judge Posner is interesting. For one thing, he writes,

"And on another note about academia and practical law, I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today. David Strauss is right: The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about.In short, let's not let the dead bury the living."

If we accept his view but keep all constitutional functions as they are, we are basically just saying that the judiciary should encompass democratic values, but with some lag in time. This can be the check on a recklessly impulsive legislature/public.