"When courts fail to engage in oversight or even distort the Constitution to rationalize the ultra vires actions of government, and when academics and political activists aid and abet them in this activity by devising ingenious rationalizations for ignoring the Constitution’s words, they are playing a most dangerous game. For they are putting at risk the legitimacy of the lawmaking process and risking the permanent disaffection of significant segments of the people."
Brannon P. Denning, And Randy Barnett, Can The Simple Cite Be Trusted?: Lower Court Interpretations of United States V. Miller and the Second Amendment, 26 Cumb. L. Rev. 961-1004 (1996).
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Reader comments about this quote:
How strangely will the Tools of a Tyrant pervert the plain Meaning of Words! ~ Samuel Adams ...without a doubt large segments of We The People are disaffected with our own Government and its cronyist methods of operation.
 -- J Carlton, Calgary     
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    As to the last line of this quote, the "significant segments of the people" would be those who can think. Unfortunatley, most people don't do much thinking and most of them vote.
     -- jim k, Austin, Tx     
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    The acts of the US government are almost entirely ultra vires today. The People have lost their ability to keep their government in check. With so many people waking up to this fact, there is going to be trouble -- and it is way over due.
     -- E Archer, NYC     
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    I think Mr. Archer is right.
     -- dick, fort worth     
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    The whole "living Constitution" argument is one of those ingenious rationalizations. The words of a contract-the Constitution-represent real, fixed ideas. Those ideas can be amended by the parties to the contract but they cannot evolve into wholly new concepts on their own. That takes the work of corrupt jurists who so conveniently find penumbra and emanations to explain away a desired predetermined outcome. The whole system is corrupt and not to be trusted.
     -- Ken, Allyn, WA     
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    Ken, I'm not sure what contract you are talking about. You are usually so right on that, I thought I was missing something. The Constitution is clearly not a contract or law. The Constitution possesses no elements of a contract; and, Locke's social contract is an abstract religious dogma that can not be justly applied. Even Jefferson, a minor advocate of the social contract, understood that it did not fall within the lawful or just administration of Life, Liberty, or Property. Further the Constitution does not describe an element's action or other criteria that would define - 'law'. The Constitution is a compact between States that limits the subject matter at which legislation my pass codes, ordinances, regulations, rules, statutes, etc at harmonizing with or, defining very specific laws of nature and nature's God. The Courts have with malicious intent and reckless abandon distorted the Constitution beyond all recognition.
     -- Mike, Norwalk     
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    "Ingenious rationalizations for ignoring the Constitution's words."
    Resulting in the first " war of northern aggression." However, skillfully designed, Our Constitution Stands in Defence of Our Declaration of Independence, in harmony, one with the other. Every amendment after the 13th, stands on sandy ground. Interestingly enough, the term "penumbra" became popular After the so-called "civil war." Being thereafter embraced to marginalize our Constitution's Literal Intention of Defence, of the Inalienable rights, of the Sovereign Individual Set At Liberty. A literal understanding sets precedence nullifying private opinion, which is bent upon exercise of a Bias force through Oppressive tactics of socialism. Cleaning house is sometimes Very Dirty work, But The Work has begun,
    MAGA and Semper Fi, THE OATH, IS MORE THAN JUST WORDS. so much so, ' The Kingdom of God is not in word, But in Power." "Be strong and of a good courage", when waking up to Reality. With a great degree of probability, Archer is right.
     -- Ronw13, OR     
    Mike, Norwalk - The U.S. Constitution is a Compact between the States and the U.S. government. But, the Constitution becomes a "Contract" between all the government representatives/officials who swear a Sacred Oath and thus make a "Contracted Covenant" to uphold, defend, honor, and stay within the four corners of all that is enumerated in the U.S. Constitution.

     -- Mary - MI     
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