Richard Posner, ironically a Reagan appointee to the US Seventh Circuit Court of Appeals, indicates what disdain many federal judges have for the actual Constitution:
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.
Of course it is only the Constitution, and the residual respect that many Americans still have for it, that gives these lawyers in black robes any rightful authority. The whole purpose of the Constitution was to limit the federal government and safeguard the rights of the people. Too many federal judges like Posner view it as a sham that they can use to enact their policy preferences. Posner and his ilk are hastening the day when that respect will cease to exist and their rulings will no longer have the consent of the governed. When that happens, judges like Posner may look in mirrors to see who is to blame for the chaos and violence that results. Fools, blind fools.