Arguably since the Marshall Court and undoubtedly since the New Deal, the U.S. Constitution has been subverted to the point where its original meaning has been substantially lost inside a tangled knot of Supreme Court case law. Like termites eating away at the constitutional architecture, Supreme Court interpretations of provisions such as the Commerce Clause, taxing and spending power, Privileges or Immunities Clause, Ninth Amendment, Tenth Amendment, and Eleventh Amendment have so rotted them that they no longer serve the critical functions originally envisioned.
Elizabeth Price Foley,
Sovereignty, Rebalanced: The Tea Party and Constitutional Amendments
, 78 Tenn. L. Rev. 751
Available at: https://ecollections.law.fiu.edu/faculty_publications/410