TY - JOUR
T1 - The political constitution of federalism in antebellum America
T2 - The nullification debate as an illustration of informal mechanisms of constitutional change
AU - Whittington, Keith E.
N1 - Funding Information:
AUTHOR'S NOTE: I thank Rogers Smith, Stephen Skowronek, David Mayhew, Howard Gillman, Tracey Storey, and the anonymous reviewers for their comments. This research was partially supported by the Social Philosophy and Policy Center, Bowling Green State University. 'Although there are other sources and purposes for its writing, Donald S. Lutz hasjustifiably argued that "federalism lies at the heart of the United States Constitution," Donald S. Lutz, The Origins of American Constitutionalism (Baton Rogue, LA: Louisiana State University Press, 1988), p. 153.
PY - 1996
Y1 - 1996
N2 - 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 of federalism in the context of textual ambiguity and judicial activity. The subsequent development of federalism 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.
AB - 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 of federalism in the context of textual ambiguity and judicial activity. The subsequent development of federalism 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.
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U2 - 10.1093/oxfordjournals.pubjof.a029843
DO - 10.1093/oxfordjournals.pubjof.a029843
M3 - Article
AN - SCOPUS:0030098054
SN - 0048-5950
VL - 26
SP - 1
EP - 24
JO - Publius: The Journal of Federalism
JF - Publius: The Journal of Federalism
IS - 2
ER -