James Buchanan’s account on the emergence of constitutions can be treated as a set of mingled representations and it can be shown how it can explain events. While in Galileo’s case study we saw that the empirical portion of the mingled representations he used were mainly observational statements, Buchanan uses the main methodological tool of economics, namely the theory of utility maximization and applies it to a hypothetical framework of no constitution, to one of negotiated and established constitution and to post-constitutional hypothetical settings. This gives several mingled representations which serve as explanations under several contexts.