As Ilya's update makes clear, I think he somewhat misunderstands my post on McCain Feingold; at the same time, his post clearly points out a pretty big divide between how he approaches constitutional interpretation and how I do.

  For my part, I tend to be highly skeptical of grand constitutional theories that would lead courts to strike down lots of laws. Human nature is fallible and highly imperfect: it's only natural to embrace theories that reach results you like while being deeply convinced that you are following principle and the other guy is being result-oriented. Thus, libertarians are drawn to libertarian theories, progressives are drawn to progressive theories, etc. In the end, it just so happens that everyone seems to have a Grand Theory of the True Constitution by which a lot of laws they don't like end up being unconstitutional. And yet no seems able to convince anyone else that their theories of constitutional interpretation are wrong. I fear that in result, if not in intention, such theories too often become politics by other means.