22 Harvard Journal of Law & Public Policy 21 (1998)
Peter Strauss has usefully framed key debates in separation of powers jurisprudence around the distinction between formalist and functionalist methodologies for construing the Constitution. The formalist-functionalist dichotomy is an appealing way to understand and to teach the cases, but it masks complexities I should like to explore.
Date of Authorship for this Version
Eskridge, William N. Jr., "Relationships between Formalism and Functionalism in Separation of Powers Cases" (1998). Faculty Scholarship Series. Paper 3807.