William Schambra is a Hudson Senior Fellow and director of the Institute’s Bradley Center for Philanthropy and Civic Renewal. This essay is adapted from a presentation to a conference on “Progressive Challenges to the Constitution” hosted by St. Vincent College’s Center for Political and Economic Thought in April 2011.

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A US flag flies off the stern of a tour boat at the Port of Los Angele in California on July 31, 2025. (Getty Images)