The constitution has only been amended 27 times over the course of our nation's history, and tenof s were in that big instalment of the bill of rights two years after the framing of the constitution. It seems completely driven by a particularr to think about the constitution as a document that only protects certain kinds of people. And it just seems a little bit too convenient to say, you know, lots of unenumerated rights, but not this particular form of star decisis. We have what i often call status based exclusions from we the people that existed at our founding and for many centuries thereafter.

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