This article examines critical responses to the question of constituent power. Rather than a closed, meaning-giving moment, which originates the constitutional structure, the article looks at the various ways in which constituent power can be viewed as "open" and anti-underdetermined. It looks at two issues in particular: the "subject" of constituent power, and the nature of the "power" involved. The article concludes with the suggestion that we think of these works as a series of "strategic hypotheses" which might structure action, rather than a collection of "models" that would have to be applied faithfully to the world.