What is it that Mr. Holder does not understand about four basic words in the Constitution: "Congress shall make no law"
[respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people].
Only an originalist would believe that the words in the Constitution actually matter. It's the penumbra and what the writers would have written if they wrote the Constitution today - that's what matters. When the California Supreme Court finds a few weeks from now that the Constitutional Amendment banning gay marriage is unconstitutional - because the actual words now in the Constitution conflict with their ruling on what their state constitution should have said - you'll see what I mean. A living Constitution is more flexible than Gumby and less meaningful than a campaign promise.