Here's my issue.
I do not care what the subject matter is but since it's out there now, we'll use it. CNN poll asked "Does a ban on same-sex marriage violate the U.S. Constitution?" I do not believe in the few times I have read the Constitution that it even mentions marriage. So, how can it be 'unconstitutional?' The 10th amendment (the last of the Bill of Rights) basically states that any power not given to the federal government by the constitution is delegated to the states unless the constitution is changed ( like federal income tax for example that was something the fed couldn't do without the amendment to the constitution). So, a state's decision on the subject should be pretty much final.
I think on the whole, we have stopped using 'literal interpretations' and have gone TOO far towards what many feel is the 'spirit' of the words. Again, there are numerous other things out there that fall under this umbrella of an argument. I just used the same sex marriage thing as the easiest example right now and since CNN used it to tick me off on the idea of 'constitutionality.'
Anyway...as with many things. when you right it down, it just helps out.