It would not be possible to draft a law that did away with these natural tensions in an easy and robust way. The lines must be drawn piecemeal, with deference to but not bound by precedent. At least in this the tensions are made explicit in a way that even unsophisticated citizens can understand. (Not that any particular citizen will understand it, cf. the many Americans who completely elide "To promote the Progress of Science and useful Arts, by securing for limited Times" from the Copyright Clause.) Eventually the nation will have the legal system the citizens demand (or is that deserve?), the laws on the books be damned. The rule of law is a tradition more than it is a text.