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Constitutional Construction: Divided Powers and Constitutional Meaning

Constitutional Construction: Divided Powers and Constitutional Meaning

by Keith E. Whittington
Hardcover - 352 pages (June 1999)
Harvard Univ Pr
ISBN: 0674165411
Dimensions (in inches): 1.09 x 9.57 x 6.45

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Editorial Reviews
Peter Jay, Washington Times, August 8, 1999
Mr. Whittington sees the Constitution not as an immutable legal document but as something more fluid and more mysterious, a powerful and authoritative force which constantly influences political outcomes while itself being subject to politics. Battles over constitutional construction are of course political battles and as Mr. Whittington notes, they aren't often dignified. But messy or not, they play an important role in the way our government evolves, and Mr. Whittington has interesting things to say about the way these conflicts play out. In these as in most major disputes about constitutional meaning, the text of the written constitution itself is confusing or ambiguous. Mr. Whittington's book is a readable and scholarly study of the way our democracy has dealt with this lack of clarity and made constitutional construction part of the political process.

Craig Ducat, Law and Politics Book Review, October 1999
Few political disputes can be settled by recourse to the specific text of the Constitution, so forms of constitutional elaboration are necessary. Constitutional interpretation is what courts do; constitutional construction is what the elected branches do . . . and the results are readily acknowledged as properly influenced by external factors such as political principle, social interests, or partisan considerations.


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