Constitutional Construction

Author: Keith E Whittington
Publisher: Harvard University Press
ISBN: 9780674045156
Size: 71.20 MB
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This book argues that the Constitution has a dual nature.

Congress And The Constitution

Author: Goodrich Professor of Law Neal Devins
Publisher:
ISBN: 9780822387114
Size: 70.58 MB
Format: PDF, ePub, Docs
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"The subject of this collection--the treatment of the Constitution by legislators in Congress--is both extremely interesting and important, and I do not believe that there is any other single book that is so effective in bringing together a ...

Judicial Review And Constitutional Politics

Author: Keith E. Whittington
Publisher:
ISBN: 9780872292185
Size: 23.67 MB
Format: PDF, ePub, Docs
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Origins of judicial review in the United States -- Early judicial review -- Slavery and war -- The administrative state and a national economy -- A rights revolution -- Judicial oscillation

Constitutional Interpretation

Author: Sotirios A. Barber
Publisher: OUP USA
ISBN: 0195328582
Size: 35.26 MB
Format: PDF
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What is more, Whittington's project in his companion book, Constitutional
Construction, is to broaden constitutional discourse to include two ways of
elaborating constitutional meaning: not only interpretation by courts (the
characteristic preoccupation of the old originalists) but also ... Keith E. Whittington
, Constitutional Construction: Divided Powers and Constitutional Meaning (
Cambridge, MA: Harvard University Press, 1999): 1–19 [hereinafter Whittington,
Constitutional Construction].

American Constitutional Law

Author: Calvin Massey
Publisher: Wolters Kluwer Law & Business
ISBN: 1454874821
Size: 52.27 MB
Format: PDF
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Constitutional Interpretation Versus Constitutional Implementation It is possible to
separate the meaning of the Constitution from the doctrinal devices that can be
created to implement that meaning. Professor Keith Whittington contends that ...
of the politically accountable branches. Whittington, Constitutional Interpretation:
Textual Meaning, Original Intent, and Judicial Review 5-14 (1999); Whittington,
Constitutional Construction: Divided Powers and Constitutional Meaning (1999).

The Challenge Of Originalism

Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 1139505130
Size: 30.13 MB
Format: PDF, ePub
View: 489
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This call for greater specificity is satisfied by what may be called constitutional
construction.100 Construction is “a necessary feature of constitutionalism” and a “
supplementary theory” of constitutional meaning where interpretation proves ...
between interpretation and construction is employed by Whittington,
Constitutional Interpretation, supra note 28, and Constitutional Construction:
Divided Powers and Constitutional Meaning (2001) [Whittington, Constitutional
Construction], and ...

Restoring The Lost Constitution

Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 140084813X
Size: 18.32 MB
Format: PDF, Kindle
View: 5999
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When interpretation has provided all the guidance it can but more guidance is
needed, constitutional interpretation must be supplemented by constitutional
construction—within the bounds established by original meaning. In this manner,
construction fills the unavoidable gaps in ... See also Keith E. Whittington, Consti-
tutional Construction: Divided Powers and Constitutional Meaning (Cambridge:
Harvard University Press, 1999), 1–19. 10 Whittington, Constitutional
Construction, 8.

Fidelity To Our Imperfect Constitution

Author: James E. Fleming
Publisher: Oxford University Press, USA
ISBN: 0199793379
Size: 25.73 MB
Format: PDF, Kindle
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I contend that Dworkin's discussion of constitutional intentions has not rendered
traditional originalism incoherent ... and that there remain substantial differences
in what different constitutional theorists are seeking to interpret.”). Keith E.
Whittington, Constitutional Construction: Divided Powers and Constitutional
Meaning 1–2, 5 (1999). Whittington, Constitutional Interpretation, supra note 25,
at 54, 58, 206–12; Whittington, The New Originalism, supra note 13, at 611–13.
Whittington ...

War Powers

Author: Mariah Zeisberg
Publisher: Princeton University Press
ISBN: 1400846773
Size: 53.52 MB
Format: PDF, Kindle
View: 5449
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Whittington, Constitutional Construction: Divided Powers and Constitutional
Meaning (Cambridge: harvard university Press, 1999); steven G. Calebresi, “
Caesarism, Departmentalism, and Professor Paulsen,” Minnesota Law Review
83: 5 (1999): 1421–22; Gary Lawson & Christopher D. Moore, “the executive
Power of Constitutional interpretation,” Iowa Law Review 81: 5 (1996): 1267–330
. 74 edward Corwin, The President: Office and Powers (new york: new york
university Press, ...

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Size: 69.69 MB
Format: PDF, Docs
View: 6154
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The essays in Kenneth Bowling, ed., Neither Separate nor Equal: Congress and
the Executive Branch in the 1790s (Athens: Ohio University Press, 2000), provide
perspective on the early understanding of separation of powers. Keith E.
Whittington, Constitutional Construction: Divided Powers and Constitutional
Meaning (Cambridge: Harvard University Press, 1999), explores how the
Constitution shapes politics in the Congress and presidency even as politics
shapes the Constitution ...