But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.
Lysander Spooner
But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.
Lysander Spooner
Spooner’s critique cuts deep, but misses the mark. The Constitution didn’t fail us. We failed it.
The document didn’t authorize this bloated administrative state. We abandoned constitutional limits through ignorance and apathy. A constitution is only as strong as the people defending it. That’s on us, not the framework.
I think that's what he meant by "has been powerless to prevent it". Functionally democracies and republics are the same. If the people care about their rights, they will strive for a government that recognises these rights. If not, then they won't care if the government ignores the constitution. If you want to build a system that is independent of the mobs opinion, then you can't rely on a piece of paper.
Good point