evidence: Professor Strauss points to numerous examples of constitutional "anomalies" that most people take for granted today where Supreme Court decisions are completely inconsistent with or at great odds with constitutional text. For example, the First Amendment applies to the President even though it refers exclusively to Congress, the Equal Protection Clause of the Fourteenth Amendment applies to the federal government even though it mentions only the states, and the word "another" in the Eleventh Amendment limiting suits against states to plaintiffs from "another" state has been interpreted by the Supreme Court to somehow mean the "same" state.13 [...] As a descriptive matter, Judge Posner and Strauss are more accurate. The Justices care much less about constructing constitutional rules according to the written Constitution and its history than overtly balancing contemporary costs and benefits and examining prior cases. I have documented before how the Justices have dramatically changed constitutional doctrine across broad areas of constitutional law even though there have been no changes in the constitutional text or judicial discoveries of new, relevant historical evidence.25 Similarly, I have written about the lack of any serious historical analysis in many of the Court’s most important cases.26 To the best of my knowledge, Barnett has not and would not argue to the contrary. Rather, he argues for a significant change in how judges decide constitutional law cases. In fact, he stated that fostering such a change (to text and history and away from subjective judicial values) partly motivated him to write his new book.27