Roe....Should be aborted
the commerce clause.....regulate means make regular, aka 50 state free trade zone and nothing more
stare decisis....is for suckas
originalism...I'm all about orginalism
strict constructionism....strict as heck
the incorporation clause...I'll defer to Judge Thomas on these
equal protection...yes, more than one tax rate is a violation of equal protection
and penumbras.....no one should emenate in a penumbra.
The problem is that original intent is so often fuzzy. What did the founders intend about imprecise words in a changing nation, with new issues and problems, a nation that they well knew would change, although not nearly as drastically as it has?
There is no legislative history attending the Constitution's writing, and the Bill of Rights. Much of that is a "riddle wrapped in a mystery inside an enigma." The second amendment is a case in point, along with the 9th and 10th amendments, and the equal protection clause.
Other tools are needed, a lot of them, process issues in voting (a level playing field in the public square), the effects on the economy, expectations, avoiding Constitutional crises, the Constitution is not a suicide pact, changing notions as to what certain words mean in a changing world, such as cruel and unusual. Simple nostrums don't often work in complex cases, or cases with great import on the public square. They just don't.