@book{11429, author = {Whittington}, title = {Constitutional Construction: Divided Powers and Constitutional Meaning}, abstract = {
The book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. This process by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution is one of construction. The argument is developed through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
}, year = {1999}, publisher = {Harvard University Press}, address = {Cambridge, MA}, url = {http://www.princeton.edu/~kewhitt/construction.html}, language = {eng}, }