The Preamble to the Bill of Rights says that “In order to prevent the misconstruction or abuse of powers, further restrictive and declaratory clauses shall be added”.
So it says outright in the Constitution that government powers of all three branches cannot be abused. The Congress cannot misconstrue powers under article 1 section 8 and the bill of rights limits the Congress from doing so. The executive branch also cannot abuse powers such the bill of rights limits executive orders. The judicial branch cannot rubber stamp laws that the bill of rights limits. So they can’t make rulings that have a “compelling governmental interest”.
How does this apply in real life? It can be used for widespread civil.
Finally, anyone denying the Bill of Rights Preamble has to make you wonder about that person. No one in their right mind can say that the government has the power to abuse powers.
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