[porphyrogenitus]

The Libertarian response and lesson isn’t that the Constitution-as-drafted was perfect; it was always going to have problems of that sort because anything having to do with governments will have problems of that sort. But there would be fewer problems, and relatively more liberty, if it had been followed, and if the problems had been corrected in the appropriate way (through amendment, rather than courts and officials reading into it their own statist preferences), and that, yeah, on some occasions people are going to have to take their lumps and “live and learn” but that tends – especially over time – to be better than a system where people think the (central) government will protect their every decision, when in fact, it does not.