by Lew Rockwell, Lew Rockwell:

Legal scholars have many lenses through which to examine the Constitution. Lawyers need to master about 150 Supreme Court decisions in order to have a sufficient understanding of the government. But most of what lawyers have studied is theory — how the Constitution is supposed to work, as opposed to how it actually does work. This “supposed to” versus “actually does” conundrum is often called the formal versus the functional.

Formally, the United States still has a Constitution. We still have the three branches of government. Congress still has the House of Representatives and the Senate. The president is still elected by the Electoral College. The courts still function to resolve disputes and to define what the laws mean and what the Constitution means.