See Erwin Chemerinsky, Federal Jurisdiction 1.5 (2d ed. 1994). Two major concerns dominate the structure of the United States Constitution: they are the allocation of governmental authority between the federal and state sovereigns and the distribution of federal authority within the executive, legislative, and judicial branches of government. These themes are often described by the terms federalism and the separation of powers
 most of Latin America in the '90s. By the mid-'90s, all thirty-four hemisphere nations except Cuba had democratically-elected governments and, in general, free market economies.
 ..Jonathan R. Macey, Representative Democracy, 16 HARV. J.L. & PUB. POL'Y 49 n. 1 (1992). "constitutional system of government, whereby individuals elect fellow citizens to serve as their representatives.
* Director of the Washington Office of The American Civil Liberties Union.
 John Philot Curran, 1790, in JOHN Battler, FA. major Quotations 397 (15th ed. 1980). Eternal vigilance is the price of liberty." What is written in a constitution is important, but what is in the people's hearts and minds, as Judge Hand told us a long time ago, is much more important. People's willingness to struggle for those rights is critical to the maintenance of those rights.
 The first and most obvious element is the set of procedures for periodic free elections which actually lead to a change in government. the first element of a limited constitutional democracy is rules which provide for periodic elections in which people are free to organize and participate. Those elections must also lead to a change in the group of people who actually have the power to run the country.
 The second element, closely related to the first, is the legitimacy of political opposition. This is the notion that people have a right to criticize the policies of the government, the structure of the constitutional system, particular initiatives or policies of the government, and to proclaim their superior ability to govern the country. Individuals must be free to disagree without fear of arrest and abduction.
People must also be able to get access to the media of the society. "Congress shall make no law ... abridging the freedom of speech or of the press." The Supreme Court has said that at the core of this amendment is the right of political dissent, and the right to express one's opposition to the government's policies in ways that are obnoxious to not only the government, but to most of the people
 See Simon & Schuster, Inc. v. Members of the N.Y. State Crime Victims Bd., 112 S. Ct. 501, 509 (1991) (applying strict scrutiny test to strike an ordinance which financially burdened the publishing of criminal accounts); Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 55 (1987) (refusing to accept a subjective standard of "outrageousness" to prohibit the publication of political cartoons which some persons may deem to be offensive); FCC v. Pacifica Foundation, 438 U.S. 726, 745 (1977) (stating that "Mhe fact that society may find speech to be offensive is not a sufficient reason for suppressing it"); see also R.A.V. v. St. Paul, 112 S. Ct. 2538 (1992) (invalidating an ordinance which criminalizes bias-motivated disorderly conduct such as cross-burning, since an ordinance discriminates according to the content of the speech); Texas v. Johnson, 491 U.S. 397 (1989) (finding flag desecration law inconsistent with the First Amendment). But see United States v. O'Brien, 391 U.S. 367 (1968) (affirming a conviction for burning a conscription registration card despite the symbolic message of such an act).
 The third essential element of a limited constitutional democracy is a system which leaves people free from fear of arbitrary arrest and detention, and guarantees the right to a fair trial.
 The fourth element of a limited constitutional democratic system is respect for minority rights. An essential requirement of this element is that the government should not interfere with the rights of a group of people, who see themselves as a minority, to organize their own private cultural, religious and educational affairs in the way they choose. The second aspect of minority rights is much harder. This is the question of political rights - the degree to which a minority should be allowed to organize a local area with some measure of political autonomy, and whether it should have guaranteed participation in the political process of the state.
 free elections, legitimacy of political opposition, limits on arbitrary arrest, detention and punishment, and protection of minority rights. an essential element of that system is an independent judiciary with the right to enforce rules which protect the system. To make such a system work, there must exist, outside the formal constitutional structure, independent private organizations whose purpose it is to protect those rights.