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The Constitution is the foundation we started with. The corner stone of our beloved country. If you go to our own government's websites about the topic of the Constitution you will see how over the years it was "handled" to maintain it in any form! It is a respected part of our history. It is in it's spirit we live today.

But rather than amend it up the kazoo, the Legislature and Judiciary agreed to reinterpretation of it to accommodate modern times. Even if the reinterpretation seemed to require yoga to get to where it is in some places now!

Keep in mind that the Constitution was written in the 1700s when few had use of any form electricity, much less indoor toilets and would have to have 2000 amendments to stay intact today.

So rather than have 2000 amendments you have an understanding for decades between the Judiciary and the Legislature that the Legislature would create the laws and Judiciary would rule for them instead of having 2000 amendments to the original. The Judiciary also is the balance that prevents the Legislature from going too far in a wrong direction.

The logical reasoning for this is that if we advance ourselves another 200 years we would need at that time perhaps 13,000 amendments to the Constitution and our corner stone would become meaningless to follow with thousands of amendments.

Now we have the Spirit of the Constitution intact and the modern laws will come and go as modern society needs them adjusted for an orderly and mostly free society.

I would be the first to agree with anyone that this method seems far shy of a perfect method of handling the Constitution, but we are all flawed human beings and thus far this is the best they have accommodate a modern USA.

I have always said though I disagree with Libertarians on many issues I am all for them going to the Judiciary to challenge their valid grievances. On one or more issues they will find the courts would rule in their favor. The issues have to be brought before the Judiciary for them to practice their balance over the Legislature. So I even tell Libertarians to go for it! But they will get laughed out of court on most of their issues in court and they know it!
I do think they can reverse property seizure laws in a drug bust regarding an innocent landlord who knew nothing of a tenants behavior. I think they have a valid point to go to the Judiciary on in that issue.