And that's precisely the point of the Constitution.
How would someone like to be playing poker and have 3 kings, only to be beaten by a full house, 5's over 2's.....except, since poker is so 19th century, perhaps we'll just say that 3 of a kind, as long as its a higher suit than the 3 of a kind in a full house, now beats that full house.....I mean, the rules of poker are so......old, right?
Of course not, until the rules are changed, a full house always beats a 3 of a kind.....period
The Constitution, is our bloody rulebook. It makes it quire clear what the Government can and can't do. And has the mechanisms built in to change it, if enough folks believe the rules are outdated, and need to be amended
That's why folks like Scalia are despised by the left. He maintained a support for the rule book, by which Government is to play by. And since the left frequently can't get many of their desires passed legislatively, they try to do end arounds the Constitution, via the court, claiming garbage like how the verbage if fluid, or that the document is "living". It's neither, despite how hard the left wants to rationalize themselves an iedological advantage.
The Democrats, even before the 2007 election, made it clear they had no intention of passing any Bush nominees until after the election. Yet Reid even went so far as to pull out the nuclear option, when it was the GOP who was holding up nominations for Obama. Sorry Dems, GOP is going to use YOUR rulebook, this go around, and I'm not going to have a 2nd thought about them doing so