You say you had a revolution?

A lefty supreme court looking to achieve economic/social justice might be tempted to look beyond the Constitution to extranational law. Thank goodness we don't have one of THOSE. Our righty court only goes outside the Constitution when it is necessary to abrogate the notion of federalism, striking down icky states who traduce social conservatism's notion of the common good by allowing people to...well, you know. If the early Republic had be constrained by the sumo-sized Federal Register of today, the baby would have been crushed in the crib.