Chris Eisgruber's Constitutional Self-Government gives federal judges broad discretion to read what they take to be our moral convictions into the United States Constitution.
Hills, Roderick M. Jr.
"Are Judges Really More Principled than Voters?,"
University of San Francisco Law Review: Vol. 37
, Article 4.
Available at: http://repository.usfca.edu/usflawreview/vol37/iss1/4