“They also assumed the states would defend their just powers and the people would defend their rights. That it has not turned out that way does not detract from their system of divided powers and rights retained.”
I see some glimmers of hope lately that the states and the people will defend their rights. Until that happens, however, it does “detract from their system of divided powers and rights retained” because it is no longer practiced. Putting the federal “genie” back into the constitutional bottle is a daunting task that, I hope, the American people are up to.