[quote name='bmulligan']Perhaps you can enlighten us with an example.[/QUOTE]
In the court currently, I'd imagine any individual justice's thoughts offer nuanced views of the constitution. It's easiest to start from the most well-known extreme of constitutional philosophy (and the easiest to identify), Antonin Scalia's (on a completely unrelated note, a NYT article noted that Scalia was the "funniest" judge, eliciting remarkably more laughter (intentionally, mind you) that Ginsburg, who only garnered two laughs the entirety of 2005 (or perhaps 4)).
Scalia is well-known as a constitutional literalist (I dunno if that's precisely the wording, but I'm not a legal scholar). Although he acknowledges amendments, he views the scope of government as not extending beyond the precise wording of the constitution. His argument against abortion rights is merely that it isn't mentioned in the constitution. Well, he certainly is right in that regard, although that doesn't make his philosophy an unarguable truth to our state. Those who consider the constitution to be more of a "living, breathing" document (OT: I hate that phrase) believe that, even though the constitution does not specifically say something, it may have protections or be illegal as a result of other aspects of the constitution. The right to privacy could be the aspect used to grant these freedoms, and both the flexible and literal interpretations of the constitution are legally viable.
I have the strange suspicion that I've spent a good deal of time arguing something that's pretty much common sense, and bmulligan's just trying to get alonzo's goat (another phrase I hate). Eh, better to post than deprive you of my genius.
The "literalist/constructionist" dichotomy has me thinking of christians: those evangelicals, pentecostals, and more atavistic faiths who consider the bible to be the precise, literal word of god (and the same people who blubber about when you ask how we got minorities out of Adam and Eve, who were undeniably white
); OTOH, you have your christian hippies and ideological fence-sitters: the Jesuits, Episcopalians, and Methodists who tend to view the old testament as a metaphor for living one's life, and certainly not literal. This isn't to say that I view Scalia's literalist view as similarly atavistic (though I don't agree with it), but rather the contentions about how a single document can be interpreted seems to have its built-in parallels.