Why does it even matter?
We know Bush, on his watch as President and Governor, has violated or endorsed violations of the First, Second, Fourth, Fifth, Sixth, Eighth, Ninth, and Tenth Amendments.
We know Kerry on his watch as soldier and Senator, has violated or endorsed violations of the First, Second, Fourth, Fifth, Sixth, Eighth, Ninth, and Tenth Amendments, and also committed, on his own admission, atrocities in Vietnam.
Do we need more?