Constitutional Construction: Divided Powers and Constitutional Meaning: Amazon.co.uk: Keith E Whittington: Books

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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] Mr. Whittington has interesting things to say about the way these conflicts play out. -- Peter A. Jay Washington Times Constitutional Construction offers renewed vigor to a tired field and should provoke some fresh thinking by constitutional scholars. -- Jeremy Rabkin Weekly Standard This book is an important addition to modern constitutional theory. Whittington brings to life an old but not well understood idea--that constitutional development is the product of judicial interpretation and binding rules and of political practice. -- J. B. Grossman Choice Constitutional Construction is a fine example of institutional analysis...displays a fine feel for political nuance and sensitivity to institutional subtlety...shows that is possible to do exceptional political analysis without it becoming legalistic scholarship...[and is] exceptionally well written...Whittington's book demonstrates that political science profits handsomely from history. Political science without history isn't very good political science. And history without political science often amounts to little more than storytelling. The quality of this book's history is every bit as good as the quality of its political science. -- Craig Ducat Law and Politics Book Review This is a superb, pathbreaking book that demonstrates the dual nature of constitutional change. Through a subtle analysis of congressional-presidential politics, Whittington convincingly argues that the process by which constitutional meaning is defined is not solely the purview of the Supreme Court and lesser courts. He shows that the Constitution gains meaning as a result of the politics of construction engaged in by political actors seeking political and policy objectives...[Constitutional Construction] is must reading for a wide range of scholars of American institutions and political development, law and courts, history, and American political thought. -- Ronald Kahn American Political Science Review A major theoretical contribution to the perennial debate on the...fundamental, recurrent questions in American constitutional law. -- James E. Bond Humane Studies Review Whittington's book is among the most important recently published about constitutional theory and history. -- Mark Tushnet Journal of Interdisciplinary History Constitutional Construction provides a needed corrective to the works of constitutional theorists who focus solely on jurisprudential issues...Whittington concludes that scholars need to look beyond the courts and recognize the multifaceted nature of the Constitution. -- Michael Ross Journal of Southern History

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This text argues that the American 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 American history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials.

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2 of 3 people found the following review helpful

Constitional theory with more than the Constitution 10 Mar 2004

By Dickey - Published on Amazon.com

Format:Paperback

Whittington's argument is phenomenal: there is more to Constitutional theory than words or ideas surrounding its creation. There are a multiplicity of actors and institutions that interpret it according to their vantage.

Looking at crises in American history, Whittington realizes there is more than the Constitution that its words. "High crimes and misdemeanors" mean different things to different people in different situations. The Constitution as a compact among people or among states also gives rise to radically different interpretations of the delegated powers of government. By examining eras that streched the rule of American law to the breaking point, the impeachment of Samuel Chase, the Nixon impeachment, nullification, and others, Whittington takes a full view of Constitutionalism for what it is: an evolving philosophy shaped by more than the Framers and Courts. It is shaped by the Executive, the Legislature, and the will of the people.

It is a constantly evolving document whose meaning is defined according to those who interpret it. A great piece of writing, written very well weaving the story of America with the evolution of Constitutionalism. Highly recommended for anyone looking for a full understanding of American government.

How politics elucidates constitutional meaning 25 Feb 2006

By R. Price - Published on Amazon.com

An unfortunate tendency of American constitutional scholarship is to focus on constitutional meaning as expressed by the courts. Whittington argues that this ignores the numerous ways in which political usage and traditions have shaped constitutional meanings, both great and small, in areas that are incapable of judicial elaboration. Whittington calls this process "constitutional construction"; a construction is the constitutional meaning resulting from a political clash. For those familiar with British constitutionalism, this will be familiar because it is similar to the British idea of a constitutional convention.

Whittington examines the constructions that emerged from pivotal political battles. He shows how these political clashes elucidated meaning in issues such as impeachment, judicial independence, and separation of powers, among others. The mixture of history and constitutional theory is similar to that of Ackerman's We The People, but where Ackerman focuses on so-called "constitutional moments" and their results, Whittington examines normal politics and demonstrates how these periods also produce meaningful constitutional understandings. In fact, the meaning elucidated in normal politics may be more important because of the number of them. Anyone interested in history and constitutional politics will find this work intellectually fulfilling.

2 of 6 people found the following review helpful

Well written concise and to the point 5 Jun 1999

By Bradley Morrow - Published on Amazon.com

Format:Hardcover

I thoroughly enjoyed the book from cover to cover. It all started with the forward and biography and moved quickly with the rest of the reading. Mr. Whittington's ideas and theories concerning the Constitution were well laid out and easy to understand. I would recommend this book to anyone looking for a better understanding of the Constitution.

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Constitutional Construction: Divided Powers and Constitutional Meaning [Paperback]

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