Notice in this story that the Supreme Court was complicit in the tomfoolery. The Court has a long history of rubber-stamping government power grabs. This is why we cannot rely on the Supreme Court as the only arbiter of Constitutionality. It is also why we need to view legal precedent in a different way in this country. While precedent plays an important role, it should not be viewed as inviolable. If precedent was not based on the original intent of the Constitution, or on subsequent, legitimately-passed amendments, it should be summarily discarded.
"To consider the Judges of the Superior Court as the ultimate Arbiters of Constitutional questions would be a dangerous doctrine which would place us under the despotism of an oligarchy. They have with others, the same passion for party, for power, and for the privileges of their corp -- and their power is the more dangerous as they are in office for life, and not responsible, as other functionaries are, to the Elective control. The Constitution has elected no single Tribunal. I know of no safe depositary of the ultimate powers of society but the people themselves." ~ Thomas Jefferson
