When the Supreme Court switched to discretionary certiorari in 1925 (thus allowing the court to pick and choose its own docket), the Court paved the way for a highly selective treatment of the Constitution. While some constitutional provisions (e.g., the First Amendment and the Fourth Amendment) are routinely accorded Supreme Court consideration, many others are almost completely ignored.If I were cynical by nature, I'd start to wonder if maybe the whole damn game was rigged...
It can hardly be a coincidence that all of the dead letters happen to place limitations on the scope and power of government. In contrast, the few provisions of the Constitution granting powers to government have been interpreted expansively.
[Via Ron W]