>>The problem when you rely on unclear laws that haven’t been modified for 250 years is they haven’t been modified for 250 years.
The Constitution gives you some rights but maybe not this one (to not be searched without warrant at a border). The problem is not The Constitution but the legislative branch that didn't make laws to ban it.
>>what some wealthy farmers from 250 years ago thought, rather than asking what laws make sense today
It's not the job of judges to invent laws or ponder what laws make sense. That would be legislative branch.
The Constitution gives you some rights but maybe not this one (to not be searched without warrant at a border). The problem is not The Constitution but the legislative branch that didn't make laws to ban it.
>>what some wealthy farmers from 250 years ago thought, rather than asking what laws make sense today
It's not the job of judges to invent laws or ponder what laws make sense. That would be legislative branch.