All, or nearly all, the advantage there is in fixing any constitutional limits to the power of a government, is simply to give notice to the government of the point at which it will meet with resistance.
Sentiment: NEGATIVE
By ensuring that no one in government has too much power, the Constitution helps protect ordinary Americans every day against abuse of power by those in authority.
A government capable of controlling the whole, and bringing its force to a point, is one of the prerequisites for national liberty. We combine in society, with an expectation to have our persons and properties defended against unreasonable exactions either at home or abroad.
Because government has tremendous power, it attracts people who are eager to game the system, obtaining by force of law what they could never achieve through consensus.
All that a good government aims at... is to add no unnecessary and artificial aid to the force of its own unavoidable consequences, and to abstain from fortifying and accumulating social inequality as a means of increasing political inequalities.
The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.
The Constitution was about a limitation on power.
The Constitution remains brilliant in its overall design and sound with respect to the Bill of Rights and the separation of powers. But there are numerous archaic provisions that inhibit constructive change and adaptation. These constitutional bits affect the daily life of the republic and every citizen in it.
I am aware how difficult is the task to preserve free institutions over so wide a space and so immense a population, but we are blessed with a Constitution admirably calculated to accomplish it. Its elastic power is unequaled, which is to be attributed to its federal character.
The Court's primary duty, in short, is not to minimize its role or avoid friction with the political branches, but to try as best it can to get the Constitution right.
Constitutions should consist only of general provisions; the reason is that they must necessarily be permanent, and that they cannot calculate for the possible change of things.
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