INTRODUCTION
Why Care What the Constitution Says?
PART I. Constitutional Legitimacy
CHAPTER ONE
The Fiction of “We the People”: Is the Constitution Binding on Us?
CHAPTER TWO
Constitutional Legitimacy without Consent: Protecting the Rights Retained by the People
CHAPTER THREE
Natural Rights as Liberty Rights: Retained Rights, Privileges, or Immunities
PART II. Constitutional Method
CHAPTER FOUR
Constitutional Interpretation: An Originalism for Nonoriginalists
CHAPTER FIVE
Constitutional Construction: Supplementing Original Meaning
CHAPTER SIX
Judicial Review: The Meaning of the Judicial Power
PART III. Constitutional Limits
CHAPTER SEVEN
Judicial Review of Federal Laws: The Meaning of the Necessary and Proper Clause
CHAPTER EIGHT
Judicial Review of State Laws: The Meaning of the Privileges or Immunities Clause
CHAPTER NINE
The Mandate of the Ninth Amendment: Why Footnote Four Is Wrong
CHAPTER TEN
The Presumption of Liberty: Protecting Rights without Listing Them
PART IV. Constitutional Powers
CHAPTER ELEVEN
The Proper Scope of Federal Power: The Meaning of the Commerce Clause
CHAPTER TWELVE
The Proper Scope of State Power: Construing the “Police Power”
CHAPTER THIRTEEN
Showing Necessity: Judicial Doctrines and Application to Cases