As much as I revere and study the Founders, I've learned it's largely futile to fight over Founder's "intent."
And, in the end, debate and ultimate decisions concerning the legitimacy / constitutionality of laws governing social norms and conduct often come down to a reality that is best captured by the brevity of Thomas Jefferson:
“I am not an advocate for frequent changes in laws and constitutions...but laws and institutions must go hand in hand with the progress of the human mind.
As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times.
We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”
Thank you for the warning, Mr. Justice. It is well-taken. But thank you more for the wise words, Mr. President. They are the guide to the hope and promise of America.
JARuppert