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I see what you're saying.
I guess i see the need to draw a distinction because the constitution defines the goverment. The goverment doesn't always conduct itself in accordance with the constitution or its "spirit". Just look at the second amendment.
I think the constitution is the rulebook and the government is the game in action. Anyone whose watched any amount of football or basketball could tell you that there is often a certain disconnect between the techical rules of a game and how the game is actually played and refereed.
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