In a famous Supreme Court one-liner, reminding the legal community of the finality of the court’s rulings, the late Justice William J. Brennan Jr. is reputed to have said that the Constitution means whatever any five of us say it means. This reflects the basic math that five is a majority of nine. It also reflects the theory of realism in constitutional jurisprudence. Realism, in this context, is the view that the Constitution is stagnant and unenforceable of its own existence. Realism teaches...




















