In the introductory chapter, I emphasized that this would be a book about American constitutional practice – not just about the Constitution as a written text, but about the social, cultural, and political processes through which constitutional law emerges. To a large and possibly excessive extent, the Supreme Court has tended to dominate the book, because the Court stands center stage in the production of constitutional doctrine. But the Court is not the only actor in the drama. In this concluding chapter, I therefore want to step back from the details of constitutional doctrine and offer a few summary theses about the role of the written Constitution and the Supreme Court in our constitutional practice.

Our Constitution is a dynamic document, which draws its meaning partly from evolving thinking and the pressure of events. In the course of this book, I have offered many illustrations of this claim, involving (among others) the historical flow of power to the executive branch, the scope of congressional power under the Commerce Clause, the expansive reach of currently recognized rights to freedom of speech and association, and the interpretation of the Equal Protection Clause.