I have to admit, my little strict constructionist heart skipped a few beats when I read this gem:
"A constitutional guarantee subject to future
judges’ assessments of its usefulness is no constitutional
guarantee at all. Constitutional rights are enshrined with
the scope they were understood to have when the people
adopted them, whether or not future legislatures or (yes)
even future judges think that scope too broad."
554 U. S. 63 (2008)
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