[AntiGuv]

I just finished reading Justice Kennedy's majority opinion in the Lawrence v Texas ruling. Interestingly, he addressed the very issue brought up here as his final remarks:

Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its mani-fold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.

[brownie]

His remarks are ludicrious. The framers included the amendment procedures so that such changes could be made. They did not foresee, and would never agree to, the tyranical supreme court adding to the Constitution. I suppose Justice Kennedy things the amendment procedure contained in the constitution is for some other purpose then changing the constitution. He is intellectually dishonest, and I don't believe that he (and the other idiots who voted with the majority) actually believes his own tripe.

Indeed, Supreme Court constitional review was not even invented until well after the constitution was ratified and in effect for a number of years.