At 6/20/08 11:35 AM, reviewer-general wrote:
I hadn't understood what you were trying to say in response to my post. Could you explain a little bit?
Sorry.
If the founding fathers did what we would consider Unconstitutional based upon soley the Constitution, then we can not, today, deem it 'unconstitutional'.
For example: Right to Bare Arms.
We then can not then say that simply owning a handgun is Unconstitutional.
Or that in our Constitution, we give everyone due process of law. But since the very people who wrote that did not apply it to enemy combatants at war during their time, our courts today can not declare it "Unconstitutional" by the Constitution that the Founding Fathers wrote, unless we created a new law ratified by at least 3/4 of the states.