One of the principal debates in constitutional law today is whether the Constitution is a static document encased in the beliefs of the 18th and 19th centuries, or is a living framework of governance, that, while foundational, must evolve with changing circumstances, different times, and new knowledge. Chief Justice John Marshall, a strong advocate of a living Constitution, once famously declared that the Constitution was “intended to endure for ages to come”, and thus had to be “adapted to the various crises of human affairs”. Until now, however, there has been no systematic attempt to develo ... More

One of the principal debates in constitutional law today is whether the Constitution is a static document encased in the beliefs of the 18th and 19th centuries, or is a living framework of governance, that, while foundational, must evolve with changing circumstances, different times, and new knowledge. Chief Justice John Marshall, a strong advocate of a living Constitution, once famously declared that the Constitution was “intended to endure for ages to come”, and thus had to be “adapted to the various crises of human affairs”. Until now, however, there has been no systematic attempt to develop a jurisprudence to guide the reception of constitutional facts, one that would permit courts to effectively ensure that the Constitution adapts “to the various crises of human affairs”. This book has two objectives. First, it describes the pivotal role facts play in the interpretation and application of the Constitution. Second, it provides a detailed blueprint for receiving and deciding constitutional facts across the span of constitutional fact-finders, from jurors to justices. Although constitutional fact-finding is a subject long ignored by constitutional scholars, virtually every corner of constitutional law is fact-dependent. This book not only demonstrates the absolutely key element facts play in constitutional decision making, it sets forth a unified theory by which the different aspects of constitutional fact jurisprudence might take shape.