Constitutionalism and the Common Good
Abstract
These remarks, delivered upon receipt of the 2025 Joseph Story Award, reflect on the Founders’ views of constitutionalism and of the common good, and how those ideas are relevant today. In contrast to modern approaches to constitutional law, the Founders had a more capacious understanding of constitutionalism—one that encompassed not only judicially enforceable law but also constitutional principles that constrained and guided ordinary politics. The most important of those principles was the common good—an idea staunchly opposed to political tribalism. In an era of entrenched judicial supremacy and escalating partisanship, it is worth remembering and reviving these critical features of our constitutional past.