What
are the benefits of a written constitution?
1. It preserves the
expectations of states (e.g., protections for small states
through equal suffrage in the Senate)
2. It limits governmental power
so as to protect individual liberties
-------protection of minorities from oppressive majorities (equal
protection clause, guarantees of religious liberty and free speech)
-------protection of private property against legislatures controlled
by debtors (contracts clause, takings clause)
-------protection of other basic rights (right to be free from cruel
punishments or unreasonable searches, for example)
3. It clarifies roles to reduce
disputes between governmental players
4. It has symbolic value
as an expression of our commitment to democratic principles and
individual dignity