I'm not an American so I only have a passing knowledge of what you're referring to, BUT:
That depends on whether you believe in an originalist interpretation of the constitution. Like most legal theories, it's up for debate but I'm not in that camp.
My argument explicitly avoids a dependence on an originalist interpretation of the Constitution.
"Even independent of what the Founders may have desired, this is clearly a negative development if you believe in self-government. Governments should have limits that are defined by their citizens. Ours does not."
That depends on whether you believe in an originalist interpretation of the constitution. Like most legal theories, it's up for debate but I'm not in that camp.