Constructing a New American Constitution


Whittington, Keith E. “Constructing a New American Constitution”. Constitutional Commentary 27.1 (2010): , 27, 1, 119-137. Print.


The distinction between constitutional interpretation and constitutional construction has been taken up in various places in constitutional and legal scholarship. In this article, I reintroduce the concept of constitutional construction and its potential uses, consider the extent to which courts might engage in constitutional construction, and examine whether the process of constitutional construction is avoidable or excludable with a sufficiently refined theory of constitutional interpretation.

Last updated on 07/11/2014