" If such be the real state of things, this is worse than solemn mockery. To prescribe, or take this oath, becomes equally a crime".
Marbury v. Madison
5 US (1 Cranch) 137; 2 L. Ed. 60 (1803)
The Constitution is, as it says, "The Supreme Law of the Land," which all government officers have sworn to. This means that neither judges not other officials have the right to ignore constitutional provisions with which they disagree. Judges have no more right to invent limitation on governmental action not found in the Constitution that to disregard those the framers put there.