[greymule]

I wasn't referring to the 14th Amendment. Obviously the Constitution can be changed by amendment.

If the intent of the framers is irrelevant, or if we can decide to ignore the intent of the framers because we can point to imperfections that existed in the past, why have any constitution at all? If we don't respect original intent, we have nothing. We simply let whatever 9 supreme justices are on the bench at the moment decide what they think is right.

Yes, standards can change. Cruel and unusual punishment in 2006 has nothing to do with the standards of 1806. But the intent of the framers shouldn't be turned on its head, as it is routinely today.

"Let's see," says Mr./Ms. Justice Roll-Your-Own, "the framers wanted to be sure we didn't have a Church of America to which everyone paid taxes. But through my superior wisdom and general good will, I can ignore the intent of the framers and instead consider various penumbras of my own imagination. I thus rule that the kindergarten teacher who put decorative snowflakes on the classroom windows in December is in violation of the First Amendment."