Originally Posted by stray round
Matter of degree, failure to perceive distinctions.

Amigo, you're the one around here who's failing to perceive the distinction between mala prohibita and mala in se. And that distinction isn't even a matter of degree. Not sure I'd bring up that argument if I were you.

"But whether the Constitution really be one thing, or another, this much is certain--that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist." --Lysander Spooner, 1867