... to tradition cannot provide an answer, because it fails to articulate clear rules by which the Court can “define the precise boundar[ies]” of the Religion Clauses. 306 The most fundamental tradition of American constitutionalism, moreover, is not reliance on tradition. The Founders themselves were...

... both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, the author argues, precisely because justices do create individual constitutional rights. Traversing a range of Supreme Court decisions that established...

...The American constitutional system has yet to settle the question of the allocation of power over the interpretation of treaties, now more than two hundred years old. This book seeks to answer such issues by carefully examining the text, structure, and ratification history of the Constitution...