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For helpful comments and discussions, I thank Charles Barzun, Christopher Eisgruber, Chad Flanders, Richard Garnett, Abner Greene, John Harrison, Andrew Koppelman, Jody Kraus, Douglas Laycock, Matthew Lister, Christopher Lund, Charles Mathewes, James Nelson, Saikrishna Prakash, George Rutherglen, Fred Schauer, Seana Shiffrin, Lawrence Solum, Mark Storslee, Nelson Tebbe, Pierre-Hugues Verdier, Xiao Wang, Free Williams, and audiences at Brooklyn Law School, the University of Pennsylvania Law School, and the Nootbaar Institute’s Annual Conference on Religion and Ethics at the Pepperdine University School of Law. I owe special thanks to Leslie Kendrick and Richard Schragger, who read and commented on multiple drafts. I am also grateful to Adam Yost for excellent research assistance.

Thanks to Emily Berman, Ryan Bubb, Stephen Lee, Nancy Morawetz, Moran Sedah, Peter Schuck, Fred Vars, and workshop participants at The University of Chicago Law School, New York University School of Law, and The University of Alabama School of Law for helpful comments. Thanks also to Kuntal Cholera and David Woolston for research assistance.

We thank Jim Brudney, Annie Decker, Jeffrey Dobbins, Amanda Frost, Abbe Gluck, Helen Hershkoff, the Honorable Hans Linde (retired Justice of the Oregon Supreme Court), Jeffrey Pojanowski, David Pozen, and Mark Tushnet for incisive comments on earlier drafts; Michelle Anderson, Richard Schragger, Richard Briffault, Rick Hills, and Howie Erichson for conversations about aspects of this project; and Joseph Struble for research assistance. Portions of this Article were presented at the 2012 meeting of the Association of American Law Schools, where the audience provided helpful feedback. Professor Leib also thanks the one hundred or so students in his Legislation classes at UC Berkeley and at UC Hastings who provided an answer on a final exam to the question of how, if at all, elected judges should interpret statutes differently from their federal counterparts.