American constitutional theory faces a dilemma. The United States Supreme Court has decided a large number of cases that are intuitively right, but that cannot be justified under the orthodox theory of judicial review. Either the Court\u27s behavior or the orthodox theory will have to change. This Article argues that theory will yield to practice and that a new conception of constitutional interpretation will emerge. The Article first describes the orthodox theory of judicial review, which rests on a strict construction of the constitutional text and the belief that the law is objectively determinable and can be separated from subjective moral values. The Article then discusses an emerging approach to constitutional interpretation, hermen...