Since the late twentieth century, scholars of constitutional law employing the tools of American political development (APD) have argued that understanding constitutional law requires analyzing constitutional development.[1] This agenda both focuses on how courts (including but not limited to the United States Supreme Court) participate as institutions in structuring and limiting the national state and interprets the courts’ institutional collaborations and struggles alongside other governmental and non-governmental institutions. In doing so, these scholars (to be fully transparent, “we”) have addressed three audiences as interlocutors and foils. First are scholars of American political development who have followed the tendency within political Read more