This is a short book, but it took a long time to write. In two previous books, Beyond All Reason and Desperately Seeking Certainty, we criticized some currently popular theories like originalism, the view (held by many conservative constitutional scholars) that the Constitution’s meaning is fi xed by the history of its creation. We also criticized theories of leading scholars at the other end of the ideological spectrum. Having taken shots at the views of so many of our academic colleagues, it seemed only fair that we lay out our own views of how law, and constitutional law in particular, should operate. Easier said than done! It.
