The (Un)Written ConstitutionIlluminates the unwritten ideas that underlie our deepest debates about the written Constitution. The late Justice Scalia relished pointing to departures from the written text of the Constitution as a departure from Constitutional law itself, but in fact his own jurisprudence relied on unwritten ideas. Given that Scalia's textualist approach to constitutional interpretation has become even more prominent in recent years with the elevation of Justices