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The President is at liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit; and if Congress be overborne by him, it will be no fault of the makers of the Constitution, – it will be from no lack of constitutional powers on its part, but only because the President has the nation behind him, and the Congress has not.”

“The chief instrumentality by which the law of the Constitution has been extended to cover the facts of national development has of course been judicial interpretation, – the decisions of the courts. The process of formal amendment of the Constitution was made so difficult by provisions of the Constitution itself that it has seldom been feasible to use it; and the difficulty of formal amendment has undoubtedly made the courts more liberal, not to say lax, in their interpretation than they would otherwise have been. The whole business of adaptation has been theirs, and they have undertaken it with open minds, sometimes even with boldness and a touch of audacity...”

“The old theory of the sovereignty of the States, which used so to engage our passions, has lost its vitality. The war between the States established at least this principle, that the federal government is, through its courts, the final judge of its own powers... We are impatient of state legislatures because they seem to us less representative of the thoughtful opinion of the country than Congress is. We know that our legislatures do not think alike, but we are not sure that our people do not think alike...

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The report made a science fiction-like case that the president was within his constitutional rights to reinterpret congressional legislation to conform more closely to his own desires, or to simply refuse to carry out laws with which he did not agree, or that, the report harrumphed, “unconstitutionally encroach on the executive branch.” In sum, anything the president doesn’t want to do he doesn’t have to do; anything he wants to do, consider it done.

The alienation of Americans from the democratic process has also eroded knowledge of the most basic facts about our constitutional architecture of checks and balances. When the Annenberg Public Policy Center at the University of Pennsylvania conducted a broad survey on our Constitution, released in September 2006, they found that more than a third of the respondents believed the executive branch has the final say on all issues and can overrule the legislative and judicial branches. Barely half — 53 percent — believed that the president was required to follow a Supreme Court decision with which he disagreed. Similarly, only 55 percent of those questioned believed that the Supreme Court had the power to declare an act of Congress unconstitutional. Another study found that the majority of respondents did not know that Congress — rather than the president — has the power to declare war. The Intercollegiate Studies Institute conducted a study in 2005 of what our nation’s college students knew about the Constitution, American government, and American history that provoked the American Political Science Association Task Force on Civic Education to pronounce that it is “axiomatic that current levels of political knowledge, political engagement, and political enthusiasm are so low as to threaten the vitality and stability of democratic politics in the United States.” The study found that less than half of college students “recognized that the line ‘We hold these truths to be self-evident, that all men are created equal’ is from the Declaration of Independence.” They also found that “an overwhelming majority, 72.8 percent, could not correctly identify the source of the idea of ‘a wall of separation’ between church and state.” When the John S. and James L. Knight Foundation conducted a survey of high school students to determine their feelings toward the First Amendment, they found that “after the text of the First Amendment was read to students, more than a third of them (35

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