jillian
Princess
This is as idiotic as the thread premise, if not more so.
The Constitution exists solely in the context of its case law, as determined by the Supreme Court, not as perceived by wrongheaded conservative reactionaries, ignorant libertarians, and TPM nitwits.
If that is so (which it is not) then we are not a republic but a dictatorship of the Judiciary. Rather than a coequal branch, the judicial is the unelected and unquestioned ruler of the nation with power to dictate law as a matter of edict.
A " Constitution [which] exists solely in the context of its case law, as determined by the Supreme Court," does not exist at all. If the utterance of 9 dictators is the only law, then the existence of laws or Constitutions is merely a farce imposed upon and enslaved people.
you should probably read Marbury v Madison and get back to us.