Comment by mothballed

Since at least the progressive era (see the switch in time that saved 9), and probably before, the courts have largely just post facto rationalized why the thing they do or don't agree with fit their desired pattern of constitutionality.

SCOTUS is largely not there to interpret the constitution in any meaningful sense. They are there to provide legitimization for the machinations of power. If god-man in black costume and wig say parchment of paper agree, then act must be legitimate, and this helps keep the populace from rising up in rebellion. It is quite similar to shariah law using a number of Mutfi/Qazi to explain why god agrees with them about whatever it is they think should be the law.

If you look at a number of actions that have flagrantly defied both the historical and literal interpretation of the constitution, the only entity that was able to provide legitimization for many acts of congress has been the guys wearing the funny looking costumes in SCOTUS.