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Showing papers by "Keith E. Whittington published in 2010"


Journal Article
TL;DR: The interpretation/construction distinction in constitutional law: Annual meeting of the AALS Section on Constitutional Law as discussed by the authors, Symposium on Interpretation/Conceptual Construction in Law.
Abstract: Part of Symposium: The interpretation/construction distinction in constitutional law: Annual meeting of the AALS Section on Constitutional Law.

4 citations


Posted Content
TL;DR: In this paper, the authors consider four distinct threats to the efficacy of constitutional constraints: (1) constitutional resistance, (2) constitutional forgetfulness, (3) constitutional neglect, and (4) constitutional contestation).
Abstract: Constitutional constraints cannot be effectuated outside of politics. They must be interpreted and put into action within the political system, by political actors operating in political institutions. This raises a variety of possible threats to the efficacy of constitutional constraints. This chapter considers four distinct threats and their possible solutions: 1) constitutional resistance, 2) constitutional forgetfulness, 3) constitutional neglect, and 4) constitutional contestation.

1 citations


Posted Content
TL;DR: This paper argued that the State of the Union has long been a political pep rally, that presidents often criticize the courts and judges, and that the particular venue in which they choose to do so is a matter of strategic calculation rather than decorum.
Abstract: President Barack Obama has been criticized for questioning the Supreme Court's campaign finance decision in his State of the Union address, leading Chief Justice John Roberts to complain that the State of the Union had degenerated into a "political pep rally." This essay puts Obama's remarks into a broader context, and argues that the State of the Union has long been a political pep rally, that presidents often criticize the courts and judges, and that the particular venue in which they choose to do so is a matter of strategic calculation rather than decorum.