The recent case before the Supreme Court on birthright citizenship points to a more fundamental constitutional crisis that has been called “post-constitutionalism.” We have reached the era in which the imperatives of the administrative state have replaced the formalism of the Constitution.
The ideological liberals who advocated this radical change contend that the Constitution has been replaced by the administration with the deliberate purpose of undermining the constitutional structures of limited government to magnify the power and extend the reach of administrative rule into every aspect of American life. They believe political decisions, based on election and ultimately the consent of the governed, have been replaced by decisions made by unelected bureaucrats — the “deep state” is real, and its creation was not haphazard.
