[craftyguy]

It's arbitrary because it depends on 1 judge's interpretation of the constitution. Not all judges agree on how it should be interpreted. If it gets appealed, then rinse/repeat. The Supreme Court gets the final say, and it largely depends which 'party' is in power there (which depends on which 'party' controls both executive and legislative branches when it is time to pick a new judge).

[gremlinsinc]

Yeah...that doesn't look good right now, if you're on the left side of politics....