Did you know much of what our federal and state governments do is unconstitutional because the functions aren’t listed in the Constitution?
If you think we currently have “uncontrolled free market capitalism,” you’re mistaken. We haven’t had a free-market economy since about 1898.
Iowa’s highest court recently legalized gay marriage and Vermont’s legislature was the first state to legalize it via the vote. So social conservatives can’t cry “judicial activism” when it comes to Vermont.