In fact, empirical evidence is virtually never used to interpret a constitutional provision, and was not used for that purpose in ''Brown v. Bd. of Educ.'' (expand). No credible theory of constitutional interpretation relies on or utilizes empirical evidence. Empirical evidence can be cited for ''amending'' or changing the Constitution, not reinterpreting it. [[Judicial activism]] might rely on empirical evidence, but any method of interpretation that adheres to the text of the Constitution would not. | In fact, empirical evidence is virtually never used to interpret a constitutional provision, and was not used for that purpose in ''Brown v. Bd. of Educ.'' (expand). No credible theory of constitutional interpretation relies on or utilizes empirical evidence. Empirical evidence can be cited for ''amending'' or changing the Constitution, not reinterpreting it. [[Judicial activism]] might rely on empirical evidence, but any method of interpretation that adheres to the text of the Constitution would not. |