The Supreme Court is actually a very poor place to decide this. A court does not have the ability to gather facts, but only to decide on what is presented to i

The Supreme Court is actually a very poor place to decide this. A court does not have the ability to gather facts, but only to decide on what is presented to it. It is a very poor way to create law. A legislature, on the other hand, can call witnesses and do fact finding. Congress could very well create law that would specify more exactly what the Constitutional clause means.