Keith Whittington

Associate Professor of Politics

Princeton University

Constitutional Construction: Divided Powers and Constitutional Meaning

Table of Contents

Preface ix

One: The Political Constitution 1

Interpreting Constructions 3

Recognizing Constructions 9

Getting Down to Cases 15

Two: The Chase Impeachment and Shaping the Federal Judiciary 20

Constructing Impeachments 25

Reconsidering the Judicial Power 40

Conclusion 65

Three: The Nullification Crisis and the Limits of National Power 72

Nullification and the Structure of Federalism 74

Protectionism and the Struggle for Free Trade 93

Conclusion 107

Four: Andrew Johnson and Executive Construction 113

Reconfiguring the Presidency and Executive Powers 117

Reconstructing Impeachments 140

Conclusion 152

Five: Richard Nixon and the Leadership of the Modern State 158

Control over Budgeting 162

Constraining the War Powers 173

Accountability in Intelligence 186

Conclusion 201

Six: Building the American Constitution 207

Constitutionalism in Theory and Practice 208

The Constitution in American Political History 214

Constitutional Structures and Forms 223

Notes 231

Index 297