... exper- tise, and efficient decision making – without the costs and risks associated with entrenched rules. The living constitutionalist is really just someone who thinks that the risks of constitutional ... should be done, and their settlement is whatever they intend it to be. This outcome is as true for authors of constitutional provisions as it is for legislatures, administrators, judges, and private ... Constitutional interpretation is a one-way ratchet for expanding the domain to which the Constitution applies. It is now obvious how Rubenfeld’s paradigm case theory is inconsis- tent with intentionalism....