This does not appear to be a legitimate legal question. My bet is that this is a final exam question for your class. Sorry, that is not the purpose of this forum. We are not Cliffs Notes for college, law scholl, or high school students. You need to do your own homework and not be so obvious with your postings
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
Many steps, at many levels of government in every branch are taken every day. Good luck with the exam.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
The better question is what principles should guide courts in interpreting the Constitution. The Constitution guarantees a spectrum of rights and liberties; the courts ensure that those rights receive protection.
I am not your lawyer. This is not legal advice.