Quote Originally Posted by Vincent Butler View Post
That is an interesting word, usufruct. I have never heard it before. Your argument by Jefferson is being taken out of context. The next generation can change the law, but the interpretation of the law as written does not change. As long as a bill does not violate the Bill of Rights (which acknowledged, not granted, those rights), yes, passing it would be constitutional if it was in the bounds of what Congress was constitutionally allowed to do. If not specifically granted Congress, and not mentioned in the Bill of Rights, the states or people could decide on it.
As to denying homosexuals services, remember our founding fathers deemed homosexuality a crime, and thus their rights would have been forfeit. In fact, Jefferson advocated dismemberment as a punishment for sodomy. Several states had the death penalty for it. Therefore, homosexuals would not have been defended. And homosexuals are welcome to deny service to heterosexuals, have you heard of a gay bar? I saw an article not long ago that one just refused a man for being dressed like a woman, not that that is really relevant to this conversation, just something I found amusing.
You did not respond to my argument and you did not read the Jefferson quote entirely.

Let me point out the last two sentences of what Jefferson said to make it clear:
"Every constitution, then, and every law,naturally expires at the end of 19. years. If it be enforced longer,it is an act of force and not of right."

Jefferson is explicitly saying, the Constitution should not apply after 19 years. That it should be completely scrapped for the next generation to rewrite. So why are you arguing about the interpretation of the law when Jefferson clearly states that the Bill of Rights and the Constitution should have been done away with completely 206 years ago?

Secondly, let me point out my argument again, and tell me if you don't understand it:
Since Original Intent is referred to as the philosophy for SCOTUS Justices to think of the Constitution as the Founders approved of it, how can a Supreme Court justice apply Original Intent when according to Original Intent he should not be deciding if a law follows the Original Intent of the Constitution?