Comment: Not exactly

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Not exactly

So you look at 5% of the universe of what one would consider, and then say incredulously "It is soooo obvious, how can there be any other conclusion?"

Answer: Well, in our system, since Marbury v. Madison, the Supreme Court decides what is and isn't Constitutional, and there have been over 200 years of jurisprudence since then. When someone cites to a recent case and then explains how they Shepardized it and checked major treatises like Lawrence Tribe's hornbook, etc., then I will be impressed.

Until then, it is just dilletantes on the internet.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein