They do seem to apply it selectively. Scalia was like "It maybe a good idea but it's against the consitution. If the people want it, elect congress to make an a

They do seem to apply it selectively. Scalia was like "It maybe a good idea but it's against the consitution. If the people want it, elect congress to make an amendment/pass a new law". Now it's like "Well, it's not strictly in the constitution, but we like the idea, so if we squint a bit we can probably make a tenous case for it."