In theory, but when you get arrested and prosecuted what you think the Constitution says isn't going to help you much.
My point precisely. Anything, Constitutional or not, can be enforced at the barrel of a gun.
A lower court cannot over rule the ruling of a higher court and the SCOTUS is not likely to over rule itself so quickly.
Check the caps, indicating SCOTUS.
EVERYTHING anyone ever reads requires interpretation to some degree or other.
No more than reading "The Cat in the Hat".
One of mine? No, Mr Klien isn't one of mine unless he is a Catholic or an American blend or an unemployed man who was kicked off disability.
Lucky you. I have no idea what he is, aside from thickheaded hack.
The problem that comes from using the Constitution (or any other law) to define morality--I'm not saying you guys are arguing that but it is what I am taking from the discussion--is that we make of the courts 'gods' who are given authority to dictate what we are required to observe as virtue or sin.
IMO, the Founders intended that we the people determine what is virtue or sin and not the courts or any other application of law. In the Constitution, they gave the central government no power of any kind to dictate that.
Where we have gotten off track is the tendency of the people to want the federal government to enforce THEIR concept of virtue and punish THEIR concept of sin, even while they want the government to not interfere with the liberties and choices they want for themselves. Obviously, since we all do not agree on what virtue and sin is, or what liberties should be protected, the federal government cannot accommodate us all but will generally go with whomever holds the power (dictatorship) at the time.
So again, I think it will require a Constitutional amendment that forbids the federal government from benefitting ANY of us if everybody is not benefitted and otherwise the federal government is silent. And that would take care of all the problems with corporate welfare--there wouldn't be any--or corporate influence--they wouldn't have any way to buy it.