> The common law system of the U.S. means that `HEAD` of the current law is actually determined by commits made by the court system.
Not entirely. The supreme court can and does reverse itself. Ultimately the only way to find out what is legal in that realist sense today is to do it, see if you get sued, and see who wins the court case.
There's a big difference between something that goes against a past court precedent, something that goes against a statute, and something that goes against the constitution, and you're wilfully conflating them all so that you can call following the plain text of the constitution in a way that today's court system is likely to support (whether or not a court a few decades ago would have read things differently) "unconstitutional".
Not entirely. The supreme court can and does reverse itself. Ultimately the only way to find out what is legal in that realist sense today is to do it, see if you get sued, and see who wins the court case.
There's a big difference between something that goes against a past court precedent, something that goes against a statute, and something that goes against the constitution, and you're wilfully conflating them all so that you can call following the plain text of the constitution in a way that today's court system is likely to support (whether or not a court a few decades ago would have read things differently) "unconstitutional".