How ignorant do you have to be to not know the constitution is what ever 5 of the 9 judges say is is ... today. Do you really think the constitution says slavery is legal? Do you really think the constitution says blacks are not human beings? Do you think the constitution says blacks are property like dogs or cows, and can never be citizens?
That is exactly what the Supreme court said in the Dred Scott Decision way back in 1857. Only a complete idiot could read the constitution and then examine the supreme court decisions of the last 200 years, and not know that the constitution and used toilet paper are the same thing... Both are worthless sh*t on paper.
What is constitutional, is what ever the Supreme court says is constitutional. They can and often do change their minds a few years later. They don't care what the words in the constitution mean. Those words mean what ever the justices want them to mean.... no more no less. What you and ohters who are not Supreme court Justices think they mean is of no consequence. That has been going on for 200 years. Read the 200 year old Marbury Vs. Madison decision. Madison wrote the constitution and the in 1804 they court ruled in that case that the author of the constitution did not know what the words in the constituion meant. They supreme court in 1804 ruled the court and not the author had the right to say what the author of the constitution meant by his words. Does that give you a clue? I didn't think so.
It does not matter if the next person put to death for murder is innocent or not. It only matters that the courts ordered that person put to death for murder. Life or death is determined by courts not the words in the law.
You read the words in the constitution and think you know what they mean. You are silly enough to think the words mean what the dictionary says the mean. Madison the author of the constitution thought he knew what he had written, but the justices said he was mistaken.
To begin, "enforced" supreme court decisions signify only that the executive branch is doing it's job - and doing what the judicial branch tells it to do. Carting any other understanding around might cater to other fools, but not this fool.
It only matters who gets to be the justices.
GWB deserves credit for his recess appointment of Charles Pickering. And if he was as smart as you indeed are, he'd be looking for the next Rhenquist, Scalia and/or Thomas, and he'd find him/her.