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Mark Tushnet, Constitutional Interpretation Outside the Courts, 37 J. Interdisc. Hist. 415 (2007) (reviewing David P. Currie, The Constitution of Congress (1997, 2001, 2005 & 2006)).


Abstract: David Currie's four volumes about constitutional interpretation in Congress from 1789 to the Civil War provide historians, political scientists, and legal scholars with important insights into American political development. The books shed light on the gradual erosion of Congress' capacity to interpret the Constitution and offer a solid basis for provocative speculation about the strength of the normative case for judicial review.