This is exactly why people who want a strict constructionist Supreme Court justice are not being realistic. The Constitution could not and did not deal with all of the issues of the day or the future. You can write statutes and laws all day and all night but they can never cover every situation. They have to be flexible and interpreted to fit the current case. That is why we have the judicial branch and I think it is a lot safer and wiser to have judges interpret the Constitution to the modern world than to rewrite the entire document.