Rand Paul...Dumb as a Bag of Cunt Hair

[Brian37]

That's further than I could go. The supreme court is charged with determining the correct interpretation of the constitution so that laws may not be passed which are not in accord with it. So, by definition, their rulings do have the effect of defining what is constitutional. We can argue that their motivations were political or racist or something other than the well reasoned interpretation based on the constitution .. and we would sometimes be correct. But being the "supreme" court, their rulings are the final say on what is or is not constitutional .. even when they are mistaken until such time as they themselves make that correction.

So no they don't always make the "right" decision and they can go wrong for a number of reasons. But their decisions always officially decide what is or is not permissible constitutionally.

Yeah brian I've been using the terms interchangeably when I shouldn't have (though I would argue there is a very high correlation (under my definition))

Well so long as whateverist is correct I'm wrong then. It's 'constitutional', until they change their minds and say it wasn't, at which point it no longer is =P.

My definition was: In line with the constitution
and not: Is in line with what the supreme court says is constitutional

Would you say that the law is in line with the constitution though? (and I'm going to assume that that's what Rand meant, or that he is working under a similar misunderstanding).

Here is the battle throughout the history of our Constitution. It cannot nor should be treated as a ruler, because it can only be a Point of View, document. It is more set up to oscillate like a pendulum. It's only absolute is a ban on absolute power and the gauge of allowing for power shifts over long periods of time.

What we look back at now and say "that was unconstitutional" no matter what, like slavery or banning women from voting, is easy in retrospect. But what I think the founders did was crack that door open, but it was up to us as individuals to be the squeaky wheel.

The older I get the less fearful I feel no matter who is in majority power. Because no matter who wins short term, there is always long term opportunity to compete for the things I value.

I think the fear mongers on this issue will lose long term because once people start benefiting from it, they will not want to give it up.

So the Constitution is there for everyone, right and left, and it is not owned by any political party or religion. It is a gauge to allow for power shifts, protection of dissent, and allows that tree to bend but not break.