Preamble

Stuffing all the values and dreams of a big country inside 4,400 words is tricky, and people have come up with different ideas on how we should stick to it. One man, a giant of a judge, believed that the Constitution isn’t a static thing — rather, as Lawrence Tribe said, “the relevant inquiry is [...] what concept they intended to enshrine by the language they used.” Y’see, if you think that the 14th Amendment implies all kids get to go to school even though it didn’t say all kids get to go to school, then you’ve just jumped on with Mr. Marshall, and Mr. Tribe, and me: That our Constitution is, very much, a living thing.

"...To hasten, if just by a little, the day when the argument over whether there *is* an invisible, unwritten Constitution gives way to the far more productive argument over what that invisible Constitution *contains.*" -LT