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Constitutional Construction: Divided Powers and Constitutional Meaning

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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.

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.

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.