AT SOME POINT IN THE PRECEDING PAGES, it will doubtless have struck the reader that this book, whose title promised to explain and explore “America’s Unwritten Constitution,” is also chock-full of detailed claims about the written Constitution itself.
If there is any contradiction here, it is only skin-deep. In order to establish that some specific rule or principle is properly understood as part of America’s unwritten Constitution, surely it must be shown that the rule or principle in question is not in America’s written Constitution, read at face value. But how could I prove this to the reader without parsing the document itself? And how could I further prove that a particular unwritten rule or principle forms part of America’s