> This point makes no sense. A properly passed amendment to the Constitution (presumably what is meant by update) can never be unconstitutional by definition.

> This point makes no sense. A properly passed amendment to the Constitution (presumably what is meant by update) can never be unconstitutional by definition. That's not what I was talking about. Look at the example I used. The Supreme Court declared it was unconstitutional to forbid gay marriage, even though that was the common practice up to that time. So, now we've discovered all the people who were engaged in implementing the common practice were violating the constitution? What happens to them now. The courts don't examine theoretical questions of legality. Every law that was declared unconstitutional was a law that was passed and enforced, usually in good faith.