Wayne D. Moore is an assistant professor in the Department of Political Science at Virginia Polytechnic Institute and State University. He received his J.D. from the University of Virginia in 1983 and a Ph.D. from Princeton University in 1992. He has written articles on issues of constitutional interpretation; and his book, Constitutional Rights and Powers of the People, will be published in 1996 by Princeton University Press. His 1994 article in Constitutional Commentary includes a more elaborate treatment of several issues addressed in this essay.