Whether or not something is constitutional is fundamentally a political question decided by judges appointed by the senate who get to interpret what the centuri

Whether or not something is constitutional is fundamentally a political question decided by judges appointed by the senate who get to interpret what the centuries old text says and what that actually means in a modern context. And that text only means something when you get judges to act on that. Until they decide something is unconstitutional, nothing happens. And often they decide something is fine after all. That's why the political color of judges on the supreme court is so important. Because what they do is super political. And all of that is constitutional.