oakland note about constitutional law

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A seed—for an oak, let’s say—is to be known through the growth that results. No two oaks look alike because environmental happenstance is different for each. The origin provides for un-templated adaptation. The seed is a potential for generativity whose exact result cannot be predicted by analysis of the genome. Mutation happens and survives because mutation can be adaptive. Genomes that allow for adaptive mutation are superior to genomes that do not.

So, too, for constitutional law. A constitution initiates rules for a game of political evolution that also provides for changing the rules as time requires. There is evolution, and a point in that evolution—an era, let’s say—becomes the basis for understanding the beginning which has evolved.