In an essay, In Defense of Judicial Activism, Damon Root argues that the Constitution should be interpreted as a libertarian document:

What we need is a principled form of judicial activism, one that consistently upholds individual liberty while strictly limiting state power. Too bad neither the right nor the left seem very interested in that.

  Isn't it sort of misleading to say that this form of judicial activism would be "principled"? I suppose you could say "principled" just means "following a recognizable rule or methodology, whatever it is." In that sense, such activism would be principled. But if we take that view, everything is principled. Always ruling for the white guy would be principled, for example: The principle would be that the white guy always wins. Similarly, it would be principled for the Court to rule for petitioners on cases argued on Mondays and for respondents for cases argued on Tuesdays. If it's principled to always interpret the Constitution in a libertarian way even if the particular text, history, and meaning doesn't warrant it, then I would think that fidelity to the Constitution requires more than just being principled.

  Anyway, Root's essay is largely a response to Judge Wilkinson's critique of Heller. If you haven't read Wilkinson's essay yet, it's worth a read. (Hat tip: Instapundit)