In the Washington Times on Wednesday, Judge Andrew Napolitano asked rhetorically in the title above his column: “Does the United States still have a Constitution?“ Though he never explicitly says yes, it is clear from his analysis that his question refers to a de facto abandonment of, not de jure elimination of, the Constitution.
Despite being ignored and circumvented, the Constitution is still the law of the land, and still protects our freedom, needing only to be upheld and applied. Napolitano writes:
The Constitution does not permit the government to infringe upon personal freedoms, no matter the emergency or pandemic.
The founders crafted the Constitution “both to establish the government and to limit it.” Article 1, Section 8, of the Constitution specifies the powers of the Congress, the only branch of the federal government that may make law. But Congress may not make any law it chooses; in its law-making it is limited to exercising only its enumerated powers.