Exactly. If a Judge interprets "speech" in a certain manner, or that something is implicated by the commerce clause, that's one thing.If a Judge decides that the Govt can ban the posession of arms, or that the 8th amendment bars capital punishment, or that a state can bar women from voting, or that the President can serve three terms, or that a state can issue a bill of attainder or apply laws ex post facto-all things that the Constitution clearly and unambiguously contradicts, then yes, that is an impeachable offense.

To me, the 8th amendment is perfectly clear that it does not ban capital punishment, It's not really even up for debate. Joseph Story and John Marshall would have scoffed at the mere notion of it. as would Hamilton and Madison and all the rest of the framers. It's just as clear the 19th amendment guaranteeing women the right to vote or the bill of attainder clause, or the 35 year age minimum for the President.

What if someone said, well, that 35 year thing doesn't really mean 35. You have to realize that it has an evolutoinary quality to it. It speaks to overarching principles and human dignity. The text changes with the times and the standards of decency. Based on life expectancy, 35 back in 1787 is equivalent to 50 today. So, any one under 50 is ineligible to run for President.That would be just as activist as what Brennan, Marshall, Stevens, Ginsburg, Souter, Breyer, Kennedy and all the other liberals have done.If you want to ignore the text, fine, that's your right. But at least have the courage of your convictions to admit it when you and don't pretend that you're doing anything but that.