What is the Constitution?

Ruth Bader Ginsburg has some unsettling ideas about the Constitution which are examined in Powerline.

The real issue here is: what is the Constitution? Justice Scalia has famously noted that the Constitution is a legal document which, like all legal documents, says some things and does not say others. In Justice Ginsburg's view the Constitution is, on the contrary, a roving charter for nine individuals to decide what "basic fairness" requires. It should hardly be necessary to point out that the former understanding, which was universal until quite recently, is a charter of freedom, inasmuch as the people's representatives can vote on amendments. Conversely, the "basic fairness" approach is a form of tyranny in which a small elite can impose its policy preferences on the rest of us.

It is also utterly unworkable. There is a reason why people reduce legal documents to writing: it's the only way to know what the deal is. Under Justice Ginsburg's approach, the "law" is ineffable. There is no way to know from one day to the next what it might be.