Mr. Barnett is professor of legal theory at Georgetown Law School and the author of "Restoring the Lost Constitution: The Presumption of Liberty" (Princeton University, 2005).

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Also soon after the elections, in theory, comes the writing of a permanent constitution, to be endorsed in a referendum.

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Also soon after the elections, in theory, comes the writing of the permanent constitution, to be endorsed in a referendum.

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The gun issue shows the split in the American polity between those who believe in individual rights and our Constitution, and those who are seduced by the theory of benevolent, omnipotent government.

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In theory, the question of who becomes president of the commission and what happens to the constitution are entirely separate.

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Thus, a dog may sniff your bag at the airport (and elsewhere) without implicating the Constitution, on the theory that the dog only alerts in the presence of contraband.

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