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Relationships between Formalism and Functionalism in Separation of Powers Cases

Eskridge, William N., Jr.
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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.
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http://hdl.handle.net/20.500.13051/3233