[7] Baldwin at 74-5.
[8] Here are some of the differences between the Written and Empirical Constitution, as authored or condoned by the Supreme Court:
The Written Constitution
All legislative power vested in Congress.
All crimes tried by jury.
No Congressional laws against free speech.
Congress creates rules for the Supreme Court.
Congress must declare war.
Treaties must be ratified by the Senate.
Minors and military personnelare "citizens."
No two-party system.
No ex post facto laws.
Two-year limit on military appropriations.
Exclusive Copyright.
The Empirical Constitution
Some legislative power vested in Congress.
