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You are determined to stubbornly insist that only you have the intelligence and principles to determine what is constitutional. It is one of the most annoying aspects of trying to discuss political reality with libertarians. It doesn't matter that you are usually wrong. You are always wrong and your only purpose is to be argumentative and seek notice.
No, I do not insist that only my opinion matters. I insist that my opinion also matters.
The common people aren't as common as you think. The twelve men of the Supreme Court are not the only humans qualified to judge the law; nor are only members of Congress qualified to have political opinions, nor only policemen qualified to enforce the law, nor is only the President qualified to defend the country.
Try to remember that our Founders themselves were libertarians, harrowup. They had a problem with political "realities," too.