The Constitution is plainly written. It was intended to be easy to understand. The Constitution is also short. Why do we need a process for interpreting the Constitution means? If we have such a process for divining the meaning of the Constitution, why should that process be secret deliberations of nine judges who are effectively unaccountable to the people? The issue, after Obamacare, has become more than academic. Idaho has passed a resolution of nullification, which removes from the federal bench ultimate power to reject congressional actions as unconstitutional. The Idaho Attorney General Lawrence Wasden advises that nullification is unconstitutional, but he has no power to prevent the Idaho Legislature from passing its resolution.
