The Constitution Is Dead - Introduction
We have bad news for both sets of critics: the Constitution is already dead. It died a long time ago.
To be sure, every politician claims to admire the Constitution, and government officials must swear to uphold it. But what does their alleged fidelity to the Constitution really amount to in practice?
Nothing.
Even those who bewail our present constitutional crisis miss the much larger story. The assaults on the Constitution are not the work of one branch of government, or of one party, and they did not and could not emerge overnight. Every branch of the federal government has trampled on the Constitution, and has done so for close to a century. The crisis we face today is the culmination of decades of offenses against the Constitution by Democrats and Republicans, justices, presidents, and congresses alike, all of whom have essentially rejected the idea that the Constitution possesses a fixed meaning limiting the power of the U.S. government.
That idea was not a minor aspect of the Constitution; it was the very purpose of the Constitution.
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