That is what the Notre Dame law school has produced?
“Constitutionalism” That is a new one on me. Had not heard it before. Another -ism. As with socialism and liberalism, the purpose of the suffix is to indicate the subject has been contradicted. Socialism is anti-social. Constitutionalism contradicts the Constitution.
Working backwards to discover a satisfactory similarity, the “conservatives” have categorized the establishment of the nation to be consistent with an establishment of religion. The result is two independent authorities (state and church), neither of which is responsive to the membership.
Never mind the authorizing agents. The deity and the people might as well be chopped liver.
What is the benefit of these autonomous establishments? The individuals who control them cannot be told what to do. Congress should not approve people who hold such views because in any dispute between the legislative branch and the executive branch, the judiciary will weigh in one the side of the executive.
Someone seems to have concluded that if Congress is responsive to the people who hire them, then executive control has to be firmed up.
How to defeat populism? That is the question. Why? Because, if the people govern, there is no power to satisfy those who lust for it. The problem “we the people” have is that the lust for power is not even recognized. The establishmentarians are after something we do not even want. That makes it hard to tell them no.
There is a certain consistency. Establishments are fixtures, devoid of process. Only the known result is important; not how we get there. Agents without agency. Why? Because agency/process/change cannot be observed. So, Amy Barrett refers to climate change as an opinion because she cannot see it.
ON SECOND THOUGHT
The Constitution describes an organization based on triangulation. Indeed, the corporate model is basically triangular to avoid direct consequences. So, for that matter is the guiding principle of the Catholic church, the Holy Trinity. All are designed to evade responsibility for mistakes.
ON THIRD THOUGHT
The Koch Brothers, under the aegis of Americans for Prosperity, are promoting little Miss Amy with full-page newpaper ads and referring to her as a Constitutionalist. Are they suggesting that the Constituion is to be played like a violin?