Just what is constitutional theory? How can it be, as Professor Fallen righ
tly says that constitutional theory is both descriptive and prescriptive, a
nd is supposed to produce results that seem morally right but also some res
ults that make the theory's proponents uncomfortable? In this Reply, Profes
sor Strauss argues that a constitutional theory tries to draw upon bases of
agreement that exist within a legal culture and to extend those agreed-upo
n principles to resolve more controversial issues. In our culture, for exam
ple, there is widespread agreement both on abstract principles-such as the
idea that the text of the Constitution is important but that precedent also
matters in interpreting the Constitution-and on specific points of law, su
ch as the legitimacy of the decision in Brown v. Board of Education. A cons
titutional theory tries to organize these and other points of agreement in
a way that prescribes results in cases where there is no agreement So under
stood a constitutional theory is comparable to an account of the rules of g
rammar for a language, or perhaps to a theory of scientific or mathematical
truth.