Take it up with the Supreme Court then. They rendered a decision based upon their interpretation of the Constitution- read their decision (and not just the dissenting opinions), and you may have your question answered. (I'm not being flip- I haven't read the decision thoroughly yet, but I am fairly confident that their conclusion adheres to the meaning and intent set forth by the Constitution with regards to this subject. They
are the Constitutional experts, after all. Even that Thomas guy.
).