The Constitutional Inversion, Part II
When Constitutional Rights Outlive Their Original Balance: A Structural Examination of the Amendments
From the essay
A Constitution does not fail when it is ignored. It fails when it continues to function while its purpose quietly changes. If constitutional provisions can drift in function without changing in text, then the question cannot end with a single amendment. You can preserve rights in theory while removing the conditions that make rights effective. A constitutional republic can keep its Constitution and still lose its counterbalance. If that is true, then the task ahead is not merely to defend text. It is to rebuild the structural conditions under which the text does what we think it does.