How else would those 'conservatives' that are pushing for progressivism of one type or another, get their way?
I've read the book this article was about, but the article itself isn't long. I find the author unwittingly brings down his own argument in favor of a "Living Constitution," both in his honest approach to the strengths of the 'originalists' approach' and in really arguing to go back to the English way of governing through 'Common Law based.'
In fact, common law is and always has had a place in US legal system. What is different is the Constitution put in safeguards protecting minority rights-which includes those of ideas:
http://www.law.uchicago.edu/alumni/m...fall10/strauss