Among other things, this “consensualist” approach to constitutional theory implies that we should:
- Interpret the Constitution according to its plain, present, public meaning;
- Construct the Constitution as we would a standard form agreement, thus favoring individual rights over federal powers; and
- Decide cases involving Constitutional rights by Citizen Courts structured akin to the panels that help to guarantee the fairness of commercial arbitration procedures.
For an earlier but more detailed account of my views, see this post about my presentation at the 2010 Students for Liberty Southern California Regional Conference.