The court does this whenever they stray from the text of the Constitution (which is quite a bit in the modern era).
1 Going to get interesting if and I say SCOTUS will rule in favor of SSM, and States can literally kiss ass.
2 I thought Republicans, like Texas were right big on (A)law abiding, (B) punishing & (C)on occasion possibly executing innocent people.
1, and or which part of 2. I numbered them and added letters to make it easier for ya.