Dead wrong.
Objectively, ontologically, permanently, fatally.
There is only one litmus for constitutionality, and that is the black-letter law of the Constitution itself. Period. End of paragraph. End of subject.
Thanks for posting.
This is the heart and soul of America:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed..."
"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.""No person shall be...deprived of life...without due process of law..."
"No State shall...deprive any person of life...without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."