[phillmv]

I'm not an American so I only have a passing knowledge of what you're referring to, BUT:

That depends on whether you believe in an originalist interpretation of the constitution. Like most legal theories, it's up for debate but I'm not in that camp.

[natrius]

My argument explicitly avoids a dependence on an originalist interpretation of the Constitution.

"Even independent of what the Founders may have desired, this is clearly a negative development if you believe in self-government. Governments should have limits that are defined by their citizens. Ours does not."