@revelette2,
I'm only pontificating my opinion like everybody else. Even legal scholars argue about these things, so it's not surprising that many of us will also.
I only express my impressions and what I've learned throughout the years from study/college and what has happened. Don't forget, all elected and non-elected government officials always swear to uphold the Constitution. That means it does have precedence in this country whether they or we like it or not!
The supreme court are made up of men and women (humans) who are political beings, and that will influence their thinking - whether they like it or not!
When you suggest there are ways to "force change," THAT is rhetorical and not realistic. That's because no matter how democrats and republicans looks at the other sides programs, they are at opposite ends of the reality spectrum. Liberals are not communists, and conservatives aren't for less government. If you still believe that, I have a bridge to sell you.
This is addressed to the thread also. And I also agree, humans are humans.