Otherwise the Constitution becomes irrelevant surplusage.
From the forbes.com
Specifically, Republicans will complain that as a Latina, Sotomayor suffers from an excess of identity and a dangerous surplusage of politics.
From the newsweek.com
More examples
Excess: a quantity much larger than is needed
In jurisprudence, surplusage is a useless statement completely irrelevant to the cause. Surplusages may be included in any declaration, plea, or claim. According to LectLaw
Extraneous matter; impertinent, superfluous, or unnecessary.