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Comment by mothballed

18 hours ago

That didn't happen until 1968 and by that time the constitution was basically toilet paper. The answer is ever since the progressive (and on some occasions, before that) era the constitution was more of a guideline, occasionally quoted by judges much like you can quote the bible to support pretty much anything if you twist it enough.

> since the progressive (and on some occasions, before that)

Wasn’t it the other way around? E.g. the fir amendment was pretty much ignored (barely a guideline) by everyone almost until the 1900s.

Even the founders themselves discarded it almost entirely just a few years after the constitution was ratified..