This work has been long in development, delayed in part by interruptions in
research caused by the global pandemic. For comments on the work, I thank
Or Bassok, Vicki C. Jackson, David Law, and Orin Tamir, as well as participants
at faculty workshops at Texas A&M University, Vanderbilt University,
University of Minnesota, and the University of Chile Law Schools and
participants in four online works-in-progress conferences, one organized by
Micaela Heilbroner and others, another by Richard Albert, the third by
Rosalind Dixon, and the fourth by the Board of Academic Advisors of the
American Constitution Society. I also thank Externado University Law
School, Bogota, Colombia, for giving me the chance to teach a course in
which I developed many of the ideas presented here. Sebastian Spitz provided
valuable research assistance in the project’s late stages when work was
impeded by the 2020 pandemic. The pandemic has also made it difficult for
me to provide citations to specific pages in a few of the works cited and to
confirm that a few quotations have been transcribed accurately.