Earlier quoted context omitted.
> its easier in canada No, its just explicit in Canada, where in the US it is, for the federal government, found implicitly in the tension between positive grants and negative restrictions in the Constitution, and, for States, the actual limits are only implicit in vague language (the 14th Amendment “Due Process” clause, into which much of the content of the Bill of Rights has been read in a form applicable against t…
In the us there are grey areas. In Canada they can just ignore it if they can convince a judge to say it doesn't apply, and the judges are political.
You realize that those are just two different ways of saying the exact same thing, right?
> and the judges are political.
While the judicial branch in the US is sometimes distinguished from the elected “political” branches, federal judges and especially thise of the highest court which serves as the ultimate arbiter of Constitutional interpretation are very much tied into partisan politics; if that hadn't been clear before, all doubt of that was erased during the Reagan Administration (continuing similarly thereafter), and the further heightened judicial political drama of the Obama and Trump Administrations has bolded and underlined that for anyone who still somehow had doubts.