[Raider Sam]

I think the biggest threat to the Constitution is the reliance on precedence. When the USSC rules on a case, it is ruling on the Constitutionality of that specific circumstance, and not necessarily on the idea behind it. But, legislators and justices will take the ruling and hold it as law for the idea as a whole.

So while the Court didnt “legalize” or “de-legalize” an activity directly (just a specific occurrence), they did in effect “legalize” or “de-legalize” the activity, because no one will touch it. And that is how they create laws - everyone is afraid of upsetting precedence.

[TomGuy]

I think the biggest threat to the Constitution is the reliance on precedence.

One of the biggest threats came from Justices Sandra Day O'Conner and John Paul Stevens (IIRC) when they advocated reliance on decisions made in international courts.