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Are you envisioning a constitution without a supreme court? Ultimately important issues with no "clear" constitutional resolution will wind up in front of a surpreme court, modern constitution or not. I don't think a detailed enough constitution to prevent, e.g., the supreme court of Texas from preventing gay marriage, so it will still come before an unelected (or, worse, elected) judiciary that has to weigh in of this issue is something the constitution limits/protects. I mean, it's not like the current constitution tends to err on the side of discrimination and I see no reason to use historical discrimination as a basis for interpreting the constitution.