The Framers, being students of history and political science, knew that only if meaningful limitations were imposed on government would the people have any chance of enjoying the personal liberties the Constitution was designed to safeguard. As Levin explains, "[Their] overarching purpose was to prevent the concentration of power in a relative handful of institutions and individuals."
So in addition to investing the federal government with sufficient enumerated powers to perform the essential functions of government, they established a system of federalism, whereby governmental power was divided between state and federal governments.
They also provided for a separation of powers at the federal level, where the government would consist of three relatively co-equal branches, each checking and balancing the power of the others. Finally, they adopted a Bill of Rights to prevent the government from encroaching on specific liberties of its citizens.
By dividing and diffusing power between competing national and state governments, and the three branches of the federal government, the Framers hoped that no level or branch of government would become too powerful at the expense of the others and of individual liberty.
Regrettably, over the years, the Court has not only radically upset the separation of powers, but obliterated the doctrine of federalism by expanding the power of the federal government vis a vis the several states, in ways that would have horrified the Framers.
Levin reveals how the Court, through its obscenely expansive interpretations of the Commerce Clause, gave the federal government the extra-constitutional power to regulate wholly internal matters of the states and their citizens. And by creating constitutional rights out of whole cloth, such as the federal right to privacy, the Court has virtually robbed the states of their sovereignty and severely reduced the power of the people to govern themselves through their duly elected representatives.
If you seek a clearer understanding of the Constitution and a fuller appreciation for the sacred liberties it guarantees, pick up a copy of "Men in Black." If you want to understand why the Left is so determined to block the confirmation of justices who would restore the Court to its proper constitutional role, read the book and join the fight for an accountable, Constitution-respecting judiciary.
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