[embolism]

Presumably that set of opinions is meant to make the point that the Supreme Court is still ruling things unconstitutional and therefore some things are still unconstitutional. This is true, but irrelevant.

The point is that if anything can be ruled constitutional, then the ruling something unconstitutional is merely a tool for the federal government to use to regulate the states and lesser courts, not any kind of protection against the power of the federal government itself against the rights of the individual.

[dragonwriter]

> The point is that if anything can be ruled constitutional

The Constituton isn't magic. No matter what it says, courts applying it have always been able to rule anything constitutional (or, conversely, unconstitutional.) Like any set of rules for human behavior, it is not self enforcing.

The Constitution has never, from day one, been a protection against the power of the federal government, it is at most a warning about what the public intends to limit the federal government to, and it has force exactly to the extent that the public is willing to follow up on that warning.

[embolism]

Absolutely agreed. And since the public can't follow up, it no longer can limit the federal government.

[dragonwriter]

The public absolutely can follow up.

If the public chooses not to, because its not important relative to other priorities, then, yes, on those points there is no constraint on the federal government.

[embolism]

What legal options can the public choose from for this follow up?