I caught most of this discussion late and don't have the time tonight to catch up, but to get to the nub: in what, if any, moral basis does our Constitution derive its basis?
Anybody?
Natural law.
The Constitution doesn't have a single moral basis.
It has a legal basis, which is rooted in power.
The morality of the Constitution is a matter of interpretation for each reader or interpreting official. It doesn't come with a compendium that explains "The proper moral understanding of the due process clause is to prevent innocent people from being punished". All that it says is no punishment without due process of law. It's up to the reader to decide why that's valuable, or isn't.
As a legal document, it's about power.
A judge, in particular, has the power of office to interpret what that power means. HE'S going to do that based on his own moral filters (what other tool does he have?).
I suppose if we have to ascribe a moral basis to the Constitution (or the Bible, for that matter) it is this: Might makes right.