Showing papers by "Keith E. Whittington published in 1996"
TL;DR: The nullification crisis of 1833 as discussed by the authors provoked three competing visions of the appropriate understanding of the U.S. Constitution in the context of textual ambiguity and judicial activity, and the subsequent development offederalism was determined by that political conflict and compromise.
Abstract: The requirements of the U.S. Constitution are often assumed to be either clear or defined by the judiciary through interpretation, or both. Examination of the nullification crisis of 1833 indicates that this view of the U.S. Constitution is misleading. The nullification crisis provoked three competing visions of the appropriate understanding offederalism in the context of textual ambiguity and judicial activity. The subsequent development offederalism was determined by that political conflict and compromise. The nullification controversy provides an important example of the openness of constitutional norms, the significance of political debate in the shaping of constitutional meaning, and the complexity of antebellum political thought.
12 citations