Constitutional equilibria: the partisan contingency of American constitutional law from the Jeffersonian "revolution" to the impeachment of Bill Clinton
If we define the term _constitutional_ to mean rules, procedures, or substantive laws fundamental to the republic by way of widespread political agreement or consensus, then what is considered constitutional by way of original text and formal amendment is not necessarily qualitatively superior to that which is considered constitutional merely by way of case law and institutional practices held in place by partisan balances of power.
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Table of Cases