No doubt that it is the duty of judges to say what they believe the law is, but that does not mean they are the only ones - juries have their role to play.
The New York Times runs a piece claiming that the US Constitution is losing influence, based on an article co-authored by my former colleague David Law. I haven’t read the Law piece, but the Times article is obviously one that is infused with politics. One doesn’t have to read too closely, especially if you know the people being quoted, to realize that the critics of the Constitution in the article are liberals. The defenders of the Constitution are on the right — I think only Justice Scalia.
I am not sure that this suggestion of a partisan divide is entirely accurate. But if the Times is looking to make a political point for the election year, it is making a mistake. The suggestion, if accepted, that conservatives favor the Constitution, but liberals oppose it, would in my view be the kiss of death for liberals. Americans embrace their Constitution, and it is already a problem for liberals that the Tea Party has associated itself with the Constitution.