Because of the Dobbs decision, there is at the moment a great deal of talk about different theories of constitutional interpretation and the legitimate role of the Supreme Court. For an especially unedifying example that I’ll return to below, try getting through this borderline-nonsensical discussion between Ezra Klein and Professor Larry Kramer, whose “popular constitutionalism” is only our ancient enemy, the “General Will,” in a very poor disguise — Rousseau goes to Stanford law.
But there are issues that we should think about at least a little bit that are prior to questions of constitutional theory and interpretation, beginning with the most basic question of law: Why do we write our laws down?
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