If the guy wants to see it that way?
To each his/her own.
That said...
How, exactly, is it bull that was created out of supposed "Whole Cloth..." when almost that exact thing is there clearly in state Constitutions from the time?
There's an argument for if this is a different time that might call for a different approach.
That the very idea was non-existent, and they just jammed it in?
Come on...