Separation of powers : documents and commentary

Bibliographic Information

Separation of powers : documents and commentary

edited by Katy J. Harriger

(Understanding constitutional principles)

CQ Press, a division of Congressional Quarterly Inc., c2003

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Note

Includes bibliographical references and an index

Description and Table of Contents

Description

Separation of powers is one of the fundamental principles underlying the U.S. system of government. The Constitution seeks to prevent abuses of power by separating government functions into independent branches - legislative, executive, and judicial. However, this system is sometimes inefficient. Separation of Powers, the first book in the Understanding Constitutional Principles Series, examines the crucial elements of this constitutional concept. The first half of the book explains the separation of powers doctrine, the core functions of the branches and the struggles between the branches. The second half of the book consists of approximately 75 primary source documents, with unique explanatory headnotes, exploring various historical and philosophical approaches to separation of powers as well as governmental documents from the legislative, executive, and judicial branches.

Table of Contents

  • Chapters include: Section I. Understanding The Separation Of Powers Doctrine
  • Chapter 1. The Separation of Powers at the Founding
  • Chapter 2. The Separation of Powers in the Modern Context
  • Section II. Core Functions of the Branches
  • Chapter 3. The Lawmaking Power
  • Chapter 4. The Evolution of Presidential Power
  • Chapter 5. The Law and Politics of Judicial Review
  • Section III. Boundary Struggles Between the Branches
  • Chapter 6. Warmaking and Foreign Affairs Powers
  • Chapter 7. Emergency Powers
  • Chapter 8. Understanding the Impeachment Power: Lessons from the Clinton Case
  • Chapter 9. The Debate about the Delegation of Lawmaking Power to the Executive Branch
  • Chapter 10. Congressional Power Vis-a-vis the States: The Context and Consequences of the U.S. Supreme Court's Decisions
  • Chapter 11. Executive Privilege and Congressional and Independent Investigations
  • Chapter 12. The Supreme Court and Constitutional Dialogue
  • Section IV. Documents

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