The normative literature in constitutional theory has long worked from the basic starting point that there is an inherent tension between constitutionalism and democracy. But the recent constitutional scholarship has taken an empirical turn. One strand focuses on constitutional interpretation and practices outside the courts. A second strand links the behavior of courts to the broader political process. Together, these literatures have tended to indicate a closer relationship between the courts and the electoral branches and the greater role for the elected branches in shaping the working constitution than is generally assumed within the normative literature.