 Living constitutionalists have a number of responses to these objections. For instance, it might be argued that the theory in no way results in the unconstrained, arbitrary exercise of judicial power its opponents often portray it to be. Living constitutionalists like Strauss (2010) and Waluchow (2007a) suggest that the ongoing interpretation of a constitution’s abstract rights provisions is a process much like the process by which judges develop equally abstract, common-law notions like ‘negligence’ and ‘the reasonable use of force.’ According to Strauss, the U.S. constitutional system