... power of any ilk. Then I collate various related strains in the development of the American political system, the confl uence of which accounts for rational instrumentalism as the main-stay of constitutional ... somewhere in the background, on the other. Fallon himself concedes that, if he is right, we would ex-pect the Court to take up the key questions seriatim, fi rst determining the “meaning” of a constitutional ... document, but rather the label applied to the “constituent parts” of the state (in the case of England, the Crown and Parliament). Before the Philadelphia Convention, that had been the general...