By reducing the value of words and, hence, constitutions, common good constitutionalism seems even more likely to veer into the dangerous realm of personal preference-based decision-making. Many figures could be clothed by the “loose fitting garment” that Vermeule has tailored. Before he removes the constraints of constitutionalism, perhaps he should rehear his own 2016 words of warning that as “culture sours and curdles, so will the law.”
If there is to be the equivalent of a Reagan following President Biden, he or she will face a more difficult task than the one leaders faced in 1980. Reagan only had to deal with the political ghost of Nixon, but a candidate in 2024 will have to deal with a flesh and blood Trump and a party with too few who are currently willing to place principle before a cult of personality.