The larger point is that we conservatives tend too much to regard many key turns in US constitutional law as battles lost, almost as Southerners used to believe in the Confederacy as a Lost Cause that might have won, if only. Instead of ruing what has been lost and trying to resurrect obsolete legal doctrines, we should give greater consideration to what kind of constitution we are advocating for today.
For example, I suspect that, if they considered it, few Americans would want to lose the now long-established right to go to federal court to protect their constitutional rights against the depredations of state and local governments. That being so, our focus should be on the substance of the guarantees of the Bill of Rights. In most instances, there is a strong basis for conservative interpretations -- and that is where battles are still in the balance.
Which one? The one they teach you in law school and bar review which has little to do with the actual Constitution as written and originally understood and intended? That is the Left's systemic attempt at essentially wiping out the Constitution because the Left loves big government tyranny. In law school, you spend little time actually reading the Constitution. In bar review they tell you that if you want to pass the bar, don't read the Constitution,, it will only confuse you. Listen instead to the bar review professor and you'll pass.
innovations that altered the foundations of US constitutional law
Perversions is more accurate.
Most of those changes are now cemented into place.
POW talk. If the Left can reverse 100+ years of constitutional decisions and pervert the Constitution into almost non-existence, then we can in turn reverse their heresy and perversion and set the Constitution aright. But not if...we conservatives tend too much to regard many key turns in US constitutional law as battles lost
If you understand that the Declaration of Independence frames the Constitution, this is not like the defeated South who had no constitutional basis for secession and was in the wrong. But that's another story. Here, we are in the right.
resurrect obsolete legal doctrines...what kind of constitution we are advocating for today
There's only one kind of Constitution. The one that is written and originally understood and intended. All it would take is the Court to begin basing their decisions on the Constitution, overturning unconstitutional decisions with sound constitutional-based reasoning, and if they exist, citing constitutionally-based decision(s) as precedent. All hell would brake loose. Good. All hell has already broken loose because of 100+ years of unconstitutional decisions and allowing SCOUS to make national law.
Reversing all of this is part of what it will take if we are to recover our Free Constitutional Republic. Impossible? Without God, yes. Should it be done? You bet. Worth the try? You bet again. Freedom is always worth the fight.