This chapter advances theoretical reasons to support symmetric interpretation. First, favoring symmetry accords with the Constitution’s character as a comparatively terse, “framework” document focused on establishing democratic procedures rather than definitive policies. Second, an ethic of symmetric interpretation accords with widely accepted features of judicial role-morality. Finally, symmetric interpretation accords with the framers’ own constitutional aspirations and interpretive methods. Multiple widely accepted theoretical considerations in constitutional law thus support preferring symmetric understandings when possible.

The crossing of the Rubicon was not the decisive moment it is typically held to be. The Senate had already issued what was in effect a declaration of war, yet Caesar paused after his entry into Italy and initiated discussion of a settlement which even Cicero thought would take effect. Even after Caesar resumed his march it remained unclear until Pompey’s actual embarkation at Brundisium whether there really was a war on.Despite a long scholarly tradition accepting the tendentious claims of Pompey’s side to represent "the Republic," prosopographical analysis shows that the Senate and the Roman nobility who held such authority therein were both deeply divided, while our sources are unanimous that the ordinary citizens of Rome and Italy, including many equites and local officials, were favorable to Caesar, or at least not disposed to cooperate with the Senate's Final Decree. Cicero himself had not tried very hard to join Pompey in his dash to Brundisium, misled (he said) by his belief that a settlement would come about. Even after Pompey's departure from Italy he was far from resolved upon taking his side, not because of innate indecision but the deep ambiguities of the political situation.