> The fact that it is a law, has been a law for a while, and a version of it has been a law since nearly the beginning of the country has no bearing on whether

> The fact that it is a law, has been a law for a while, and a version of it has been a law since nearly the beginning of the country has no bearing on whether or not that law is legal. This is true! But it’s also immaterial to the point I’m trying to make. I’m not arguing for or against the de jure constitutionality of the law; I’m saying that it’s unlikely any modern-day court would find it within themselves to overrule the de facto state of affairs that was created by the framers themselves.