Separation of Powers Law: Cases and Materials

Through primary documents, explanatory text, questions, and problems, Separation of Powers Law introduces readers to the legal framework shaping both cooperation and competition among the executive, legislative, and judicial branches of our national government. The book introduces separation of powers issues through an historical presentation. Following this is a brief review of competing theories of constitutional interpretation generally and, more specifically, of the roles of the Presidency. Shane and Bruff then use a series of leading Supreme Court decisions to develop a general framework for separation of powers analysis, exploring each of the key tools vested in the three branches to facilitate our system of "checks and balances." Both judicial cases and institutional case studies explore the role of each branch in holding the other two accountable. Other chapters then examine the interaction of the branches in three fundamental areas - domestic policymaking, foreign affairs, and war powers. The final chapter focuses on the Presidency, discussing how the Executive powers are shaped by the institutional design of the Chief Executive's office.