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They know very well they can't win the constitutional argument since it is pretty black and white, so in predictable liberal fashion, they try to shift the subject without appearing to.
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You mean kind of like the way the GOP Religious Right in Congress know they can't win any up-or-down vote on thier issues so, in predictable Fringe Right fashion, they try to attach their issues as amendments to bills having nothing to do with their pet peeves?...