DAHLIA LITHWICK WONDERS WHY THE DEMOCRATS ARE AFRAID TO SPELL OUT THEIR CONSTITUTIONAL THEORIES, and Ann Althouse replies: “I think I can solve the mystery of what the Democrats are afraid of. They’re afraid of the electorate and that to lay out a ‘theory for progressive jurisprudence’ would only alienate people. It’s better to hold back, blandly honor the historic!!! nominee, and wait for the Republicans to create the opportunities to call them meanies. I strongly suspect that Lithwick knows this very well.”