http://en.wikipedia.org/wiki/Schenck_v._United_States
The supreme court rules on the constitutionality of a criminal conviction. By upholding it as constitutional they send someone to jail. So you are wrong. History informs the future. Your fundamental argument in this thread is that historic documents should be used with historic interpretations to limit the mandate of government, yet when someone presents history you don't like you attempt to shut it down by being irrelevant due to being not current. It would be equally ridiculous for me to tell you to stop quoting some document from the 18th century in a thread about the 21st.