Obama is appointing judges to the Federal courts that believe the Constitution is what THEY say it is. Forget about the words of the Constitution. If the Democrats are able to get a majority on an appeals court, or the Supreme court, for that matter, their idea is this: “We will just twist the actual words into meaning whatever we want it to mean. Our excuse will be that the Constittion must be interpreted according to the times. Therefore, if it says “Congress shall make no law”, we will interpret it to mean “Congress can sure as hell make laws”.
You can see this strikes at the very heart of Constitutional government. It replaces a government of laws with a government of whoever is in power.
President Obama has nominated Goodwin Liu for a spot on the United States Court of Appeals for the Ninth Circuit. Liu, age 39, is a professor at UC Berkeley School of Law (Boalt Hall). Based on it his faculty biography, it appears that he has practiced law for, at most, three years.
Liu is staunchly left-wing. For example, he chairs the Board of Directors of the left-liberal American Constitution Society for Law and Policy. And he has said that, for him, fidelity to the Constitution means that the Constitution should be interpreted in ways that adapt its principles and its text to the challenges and conditions of our society in every succeeding generation. In other words, “progressive” judges (like Liu, he hopes to become) get to interpret the Constitution to mean pretty much whatever they think is best for society at a given moment.