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...
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 Consti...
Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to their own supporters but not engaging their opponents. This book breaks free of the stalemate and reinvigorates the debate over how the judiciary should interpret the Constitution. Keith Whittington reconsiders the implications of the fundamental legal commitment to faithfully interpret our written Constitution. Making use of arguments drawn from American history, political philosophy, and literary theory, he examines what it means to...
Constitutional scholarship has deteriorated into a set of armed camps, with defenders of different theories of judicial review too often talking to th...
For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress's capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into...
For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress's capacity to respect constitutiona...
Law and politics are deeply intertwined. Law is an essential tool of government action, an instrument with which government tries to influence society. Law is also the means by which government itself is structured, regulated, and controlled. It is no surprise, then, that law is an important prize in the political struggle and that law shapes how politics is conducted.
As serious thinking about and around law and politics continues to flourish and develop, this new title in Routledge's Critical Concepts in Political Science series meets the need for an authoritative...
Law and politics are deeply intertwined. Law is an essential tool of government action, an instrument with which government tries to influence soci...
The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first volume of a projected eight volume set is entitled: Introduction and The Colonial Era. Here the authors provide the building blocks for constitutional analysis with an in-depth exploration of the constitutional conflicts in the seventeenth and...
The Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional e...
American Political Thought: Readings and Materials presents a diverse collection of writings, speeches, judicial opinions, and other political documents, offering an introduction to the controversies and disputes that have mobilized Americans since the first settlements in North America. Ranging from the Colonial era to the present day-and featuring both traditional readings and lesser-known documents-this reader takes a historical approach that helps students see how political, economic, and social conditions led to the development of specific political ideas. Each chapter includes...
American Political Thought: Readings and Materials presents a diverse collection of writings, speeches, judicial opinions, and other politica...
