[jerf]

Appeal to authority is not always wrong. In terms of "Is it Constitutional?", the Constitution itself says the Supreme Court decides. Citing the Supreme Court on the question of whether something is constitutional isn't an "appeal to authority fallacy", it's just plain correct, whether or not it is also an "appeal to authority".

And as near as I can see, tptacek is correct in the citation. It may be vague but it is substantially correct; if it were unconstitutional to treat copyright as a property right, it would have been ruled so sometime in the last 200 years, instead of becoming the foundation of the system.