Richard Stengel, President Obama’s nominee for US undersecretary of state for public diplomacy, believes government and citizens have a wide range of actions which do not violate the Constitution. “To me the Constitution is a guardrail. It’s for when we are going off the road and it gets us back on. It’s not a traffic cop that keeps us going down the center.”
How about, to help us staying close to center as much as possible? That is a terribly different philosophy or view of the U S Constitution than “guardrail” law. Part of the US Court’s role is “guardrail” evaluations, but the two branches should constantly be evaluating “what is the meaning of the Constitution.
A “guardrail” mentality is very expensive and may explain the spiraling costs of government and the federal government debt. I know I did not cause that debt. Will I have to pay for it? Maybe! But that would be a low blow to citizens and clumsy government has already created this debt with no will to pay it off.