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There are many many things that go into proper public policy decisions. It is not reducible to just the constitution or any othe document. Because human language is inherently finite, it is not possible to lay out an exhaustible list of every possible consideration that should go into it.
While I am quite sure any and perhaps all things could be argued in such a fashion, it is certainly not the manner in which one can ever really arrive at a commonly agreed upon resolution. Its like the concept of dividing in half the distance from one particular point to another. One can infinitely divide those distances and, theoretically, you will never arrive.
But in the real world we need to and we do arrive. The genius of our founding fathers was to give us this nice concise funnel, our Constitution, through which all those infinite possibilities must first pass. Its like the mouth of the human digestive system, there are an almost infinite varieties of foods, drugs, beverages, etc...we might consume with no bite, sip or tablet really ever being exactly the same as another...it first passes through the mouth and into the digestive system to be converted into either excrement or energy. In the case of our Constitution it is either considered unconstitutional or it is Constitutional... and if Constitutional it is commonly agreed upon as good/positive for the body corpus, We the People.
You may use all kinds of other criteria for making decisions, science, opinions and culture are in a constant state of flux, but they still must, fortunately, first pass muster under our Constitution.
Amen.