For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be the most sacred rule of interpretation. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution s original meaning as the foundation of interpretation. The Founders constitution of fixed and permanent meaning has been replaced by the idea of a...