Johnsen examines the roles of nonjudicial entities--especially the Congress and the president--in the development of constitutional meaning. Although the other two branches are fearful of challenging judiciary supremacy, functional departmentalism may offer a certain degree of autonomy from the Court.
Dawn E. Johnsen,
Functional Departmentalism and Nonjudicial Interpretation: Who Determines Constitutional Meaning?,
67 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol67/iss3/8