The courts are generally loath to address constitutional issues. Preferring rather to dispose of a case on lesser or procedural grounds if possible. This analysis like water seeks to follow the path of least resistance. Unfortunately, we have reached a point in the development of our republic where we can no longer abide judges nor analysis which is weak as water.
The Constitution is the basis for our laws and the foundation of our republic. I fear that when we avoid or ignore the Constitution we do so at the peril of the republic.
The Constitution has gathered much dust in the law offices of my colleagues. Truly, more than 90% of all attorneys, if asked, would have to confess that they have not made a constitutional argument on behalf of a client in the last year. This is tragic and it has spilled over into the general population. How many of us as citizens have looked at the Constitution in the last year?
The Constitution is the fundamental law of the land. When we practice law without the Constitution we can expect to do no better for the republic than a football team that ignores the fundamentals of blocking and tackling.