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On the cover of David Strauss’s The Living Constitution1 is a magical tree.

The metaphor of a tree connotes what is living and organic; it also suggests

Canada’s doctrine of a constitution as a living tree. The tree sits above a

parchment copy of the Constitution, suggesting that the real Constitution grows

out of and transcends the ancient text. Branches of the tree radiate in all

directions, and in place of ordinary leaves there are stars, perhaps standing for

famous judicial decisions such as Brown v. Board of Education or McCulloch

v. Maryland.

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