The subject of this session will be interpretive methodologies in constitutional law. In particular, we will focus on the special problem of interpretation in areas in which the courts play only an episodic role or in which they play no role at all. In U.S. constitutional law, the most important areas of this kind involve questions touching on war and foreign affairs and, more generally, the separation of powers. How far do the interpretive methodologies that courts employ carry over to political branch interpretation of the Constitution, and how far ought the courts, when they do adjudicate cases raising these issues, employ methodologies that are similar to those the political branches use? What is the role of political branch practice in settling the meaning of the Constitution? Should constitutional interpretation conform to the actual operation of government over a period of time, or does the Constitution have a normative/aspirational function that promotes ongoing efforts at reform?