Perhaps, given this post, I should clarify my views about the “Constitution in Exile.”
1) I think it can safely be said that no conservative has ever used the phrase as much as Jeffrey Rosen and Cass Sunstein do.
2) In some sense, most conservatives believe that we are exile from the Constitution–that the way we are governed corresponds less to that document than it used to do and that we ought to increase that correspondence. I certainly do.
3) But the phrase, as used by the people who use it most, means something more than what I wrote in 2). It means that there is a movement, with a significant chance of success (or at least of doing damage), that wants to undo the New Deal and Great Society from the federal bench. This I do not believe. Nor would I want such a movement to exist.