ReImagining Liberty 093: The State of the Constitution (w/ Evan Bernick)
Nov 3, 2025
Evan Bernick, a law professor and constitutional scholar known for his critiques of Trump-era legal theories, delves into the current state of the Constitution. He discusses the erosion of checks and balances and shifting party loyalties among officials. Bernick emphasizes the importance of cultural factors in constitutional crises and draws lessons from Reconstruction. He also critiques judicial inconsistency and argues for a balanced approach to textualism and purpose in constitutional interpretation. With urgency, he outlines potential reforms for navigating this critical moment.
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Constitution Evolved Far From 1788
- The Constitution has transformed significantly since 1788, especially after the 14th Amendment, changing its original design.
- Structural commitments like separation of powers and consistent rights protection no longer function as originally intended.
Parties Overridden Institutional Boundaries
- Political parties quickly aligned branches, undermining the framers' separation-of-powers design.
- Party alignment, not institutional jealousy, now often drives inter-branch behavior.
Rights Depend On Who You Are
- Experience of constitutional rights varies by socioeconomic status and identity.
- Formal protections exist, but practical access and enforcement are uneven.
