Document Type

Article

Comments

22 Harvard Journal of Law & Public Policy 21 (1998)

Abstract

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

1998

Included in

Law Commons

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