When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?

It would also be strange to find in the midst of a catalog of the rights of individuals a provision securing to the states the right to maintain a designated "Militia." Dispassionate scholarship suggests quite strongly that the right of the people to keep and bear arms meant just that.

The principal purpose of stare decisis is to protect reliance interest and further stability in the law.

Nowhere else in the Constitution does a "right" attributed to "the people" refer to anything other than an individual right. What is more, in all six other provisions of the Constitution that mention "the people," the term unambiguously refers to all members of the political community, not an unspecified subset... The Second Amendment extends, prima facie, to all instruments that constitute bearable arms... The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it "shall not be infringed."

As long as judges tinker with the Constitution to 'do what the people want,' instead of what the document actually commands, politicians who pick and confirm new federal judges will naturally want only those who agree with them politically.

The Court today completes the process of converting Title VII of the Civil Rights Act of 1964 from a guarantee that race or sex will not be the basis for often will.

More importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.