Article Title

The Bill of Rights: The Next 200 Years

Publication Title

Washington University Law Quarterly


Why is prediction so difficult? After all, even if we reject the static concept of original intent, constitutional interpretation is "law," and "law" should have some element of constancy, certainty, and predictability. What, then, is the problem? The problem is time. In fact, law, even constitutional law, is generally quite constant, certain, and predictable-if we look at it in relatively short time-bites. But over decades, to say nothing of centuries, law, and especially constitutional law, is unpredictable in the extreme.