Just-Us-es like Posner are like the guy with the chainsaw standing on the outer end of the branch they want to cut off right up against the trunk. If they cut it off where they stand, they’ll get dumped as they deserve. If they discard the entire document, in favor of unbounded power, they’ve thrown away the claim to any “authoritay” they might care to exercise. So instead, they prune the tree, one small branch at a time, grafting on branches of poisonous trees, in the hope that as it does progressively less to protect the rights of citizens, and allows the government to treat them with contempt, the dispirited citizens will eventually see no reason to protect it, and allow the constitutional tree to die.
Every constitutional branch, every leaf is precious. Every time we shrug and allow a small intrusion, “because it’s so small it’s not worth fighting for,” Posner and his ilk get closer to their goal — power without limit. They’ve already gathered a huge crew of pruners, grafters, fallers, chain saws, and skidders around that tree. It’s our job to stop them, despite the fact that what we’re preparing for is the likelihood that they’ll succeed.