Reading the Constitution as Spoken, 104 YALE LAW JOURNAL 1119 (1995)
Constitutional law, which speaks today to almost everything, has nothing to say on one subject. It has no account of its own interpretive method.
The truth is that most of us don't know if the Supreme Court is "interpreting" the Constitution at all anymore. Or whether it ever did. Or what exactly it would mean for the Court to do so. We have in this country a very successful practice of constitutional interpretation coupled with a thoroughgoing cynicism about its coherence and legitimacy.
Date of Authorship for this Version
Rubenfeld, Jed, "Reading the Constitution as Spoken" (1995). Faculty Scholarship Series. Paper 1566.