Constitutional Construction

Constitutional Construction
Publisher Harvard University Press
Release Date
Category Law
Total Pages 316
ISBN 0674045157
Rating 4/5 from 21 reviews
GET BOOK

This 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 according to Keith Whittington, 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. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument 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.

Constitutional Construction
  • Author : Keith E. Whittington
  • Publisher : Harvard University Press
  • Release Date : 2009-06

This 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

GET BOOK
Constitutional Construction
  • Author : Keith E. Whittington
  • Publisher : Unknown
  • Release Date : 2001

Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation.

GET BOOK
Constitutional Construction
  • Author : Chester James Antieau
  • Publisher : Unknown
  • Release Date : 1982

"Courts at times speak of the need for 'interpretation' of constitutions, professedly being concerned only with the 'meaning' of the words employed in the organic laws...However, the far greater task of constitutional adjudication is one requiring 'construction' of the fundamental law. This term is of broader scope than 'interpretation'

GET BOOK
Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction
  • Author : E. Fitch Smith
  • Publisher : Unknown
  • Release Date : 1848

Read online Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction written by E. Fitch Smith, published by which was released on 1848. Download full Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction Books now! Available in PDF, ePub and Kindle.

GET BOOK
Negotiating in Civil Conflict
  • Author : Haider Ala Hamoudi
  • Publisher : University of Chicago Press
  • Release Date : 2013-11-12

In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic

GET BOOK
The Income Tax Decisions as an Object Lesson in Constitutional Construction
  • Author : Christopher Gustavus Tiedeman
  • Publisher : Unknown
  • Release Date : 1895

Read online The Income Tax Decisions as an Object Lesson in Constitutional Construction written by Christopher Gustavus Tiedeman, published by which was released on 1895. Download full The Income Tax Decisions as an Object Lesson in Constitutional Construction Books now! Available in PDF, ePub and Kindle.

GET BOOK
Methods of Constitutional Construction
  • Author : Theodore Schroeder
  • Publisher : Unknown
  • Release Date : 1919

Read online Methods of Constitutional Construction written by Theodore Schroeder, published by which was released on 1919. Download full Methods of Constitutional Construction Books now! Available in PDF, ePub and Kindle.

GET BOOK
Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction  Classic Reprint
  • Author : E. Fitch Smith
  • Publisher : Forgotten Books
  • Release Date : 2017-01-11

Excerpt from Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction The difficulty of grasping, and at the same time couden sing this subject, presents to the mind, much intrinsic di icul ty, well calculated to embarrass and perplex an author. The subject itself, is of such a

GET BOOK
COMMENTARIES ON STATUTE   CONS
  • Author : E. Fitch Smith
  • Publisher : Wentworth Press
  • Release Date : 2016-08-26

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references,

GET BOOK
To Right a Wrong
  • Author : Roar Mikalsen
  • Publisher : Unknown
  • Release Date : 2016-08-03

Addressed to the common reader as well as specialists in law, this book ties the already recognized framework for constitutional construction, that of political theory, together with human psychology. It presents a model that systemizes the forces that act upon us, both individually and en masse; it explains why some

GET BOOK
The Law of the Debs Case
  • Author : Anonim
  • Publisher : Unknown
  • Release Date : 1918

Read online The Law of the Debs Case written by , published by which was released on 1918. Download full The Law of the Debs Case Books now! Available in PDF, ePub and Kindle.

GET BOOK
Constitutional Construction and Interpretation and Notes on the Constitution
  • Author : Thomas Henry Calvert
  • Publisher : Unknown
  • Release Date : 1924

Read online Constitutional Construction and Interpretation and Notes on the Constitution written by Thomas Henry Calvert, published by which was released on 1924. Download full Constitutional Construction and Interpretation and Notes on the Constitution Books now! Available in PDF, ePub and Kindle.

GET BOOK
Methods of Constitutional Construction  the Synthetic Method Illustrated on the Free Speech Clause of the Federal Constitution
  • Author : Theodore Albert Schroeder,James Mill
  • Publisher : Palala Press
  • Release Date : 2016-05-02

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references,

GET BOOK
Methods of Constitutional Construction  the Synthetic Method
  • Author : Theodore Albert Schroeder
  • Publisher : Unknown
  • Release Date : 2015-07-07

Excerpt from Methods of Constitutional Construction, the Synthetic Method: Illustrated on the Free Speech Clause of the Federal Constitution "Dear Sir: "We are returning to you under separate cover the interesting article we had the pleasure of receiving from you, with regret that we cannot use it. "In passing perhaps

GET BOOK
Commentaries on Statute and Constitutional Law
  • Author : E. Fitch Smith
  • Publisher : Unknown
  • Release Date : 1848

Read online Commentaries on Statute and Constitutional Law written by E. Fitch Smith, published by which was released on 1848. Download full Commentaries on Statute and Constitutional Law Books now! Available in PDF, ePub and Kindle.

GET BOOK