separation of powers
7 pieces tagged “separation of powers”, newest first.
State of the Union Spectacle Would Appall Thomas Jefferson
On Tuesday evening, amid much splendor and spectacle, the president of the United States will be welcomed by a joint session of Congress, there to be cheered and applauded like a homecoming conqueror, and, before an audience of lawmakers, diplomats, military officers, and dignitaries, to deliver his State of the Union oration in a live nationwide broadcast.
Obama's Legacy Is Executive Abuse
Over the winter break, I finally got around to binge-watching "Parks and Recreation." In case you missed the show's seven-year run, it's about a fascistic small-town councilwoman who believes it's a politician's job to impose her notions of morality, safety and decency on everyone, no matter what voters want or what the system dictates. She is justifiably recalled by the people of her town after attempting to regulate portion sizes at fast-food restaurants but ends up running a federal office where she can do big things without the consent of the people.
The One-Man Rule
"Kings or parliaments could not give the rights essential to happiness, as you confess those invaded by the Stamp Act to be," John Dickinson wrote in 1766. "We claim them from a higher source — from the King of Kings, and Lord of all the Earth," he said in a public letter he signed simply "A North American." "They are not annexed to us by parchments and seals," Dickinson said. "They are created in us by the decrees of Providence, which establish the laws of our nature. They are born with us; exist with us; and cannot be taken from us by any human power, without taking our lives. In short, they are founded on the immutable maxims of reason and justice."
Standing Athwart the Administrative State
As the administrative state distorts America's constitutional architecture, Clarence Thomas becomes America's indispensable constitutionalist. Now in his 25th year on the Supreme Court, he is urging the judicial branch to limit the legislative branch's practice of delegating its power to the executive branch.
Why the Senate Should Not Defer to the President's Judicial Nominees
What, exactly, is the Senate's role of "Advice and Consent" when it comes to the nominations made by a president? It's a topic of perpetual debate in Washington. One wrong-headed argument holds the role to be quite modest: Senators should defer to a president's choices except in extreme circumstances. That position is advanced far too often by Republicans, and almost never by Democrats (except when a member of their party is doing the nominating). It has led some Republican senators to have a policy against filibustering presidential nominees, no matter how much their confirmation may endanger the rule of law and adherence to the constitutional order.