Congress and the Constitution

Posted: 6 Jul 2005

See all articles by Neal Devins

Neal Devins

William & Mary Law School

Keith E. Whittington

Princeton University - Department of Political Science


"Congress and the Constitution," edited by Neal Devins and Keith E. Whittington (Duke University Press) extends the examination of the Constitution outside the courts to the federal legislature. For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress's capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice.

Keywords: Congress, constitution outside the courts, judicial review, extrajudicial

Suggested Citation

Devins, Neal and Whittington, Keith E., Congress and the Constitution. Available at SSRN:

Neal Devins

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-3845 (Phone)
757-221-3261 (Fax)

Keith E. Whittington (Contact Author)

Princeton University - Department of Political Science ( email )

Corwin Hall
Princeton, NJ 08544-1012
United States
609-258-3453 (Phone)
609-258-1110 (Fax)


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