... interpreted since Marbury v Madison by the U.S. Supreme Court, said court making moral judgements.
Do you deny Scalia's assertion -- that the U.S. Supreme Court is making moral (or immoral) judgements and imposing those moral judgements on the states and the people?
Do you think we're better served making those judgements at the state level? And don't you think that's what the Founding Fathers had in mind?
How more constitutional can you get than promoting the original intent of the Founding Fathers?