That all depends on the definition of "is".
Seriously, are you not now making the error of not making the distinction between the "living" Constitution the U.S. have today, what the Founders meant it to be, what is, what was meant to be, and what ought to be according to the written Constitution?!?
[ Seriously, are you not now making the error of not making the distinction between the "living" Constitution the U.S. have today, what the Founders meant it to be, what is, what was meant to be, and what ought to be according to the written Constitution?!? ]
No,,,,,,,