26 April 2017

Do we have a separation of powers problem?

The National Constitutional Center recently had a provocative post entitled "Does the separation of powers need a rewrite?" The gist of the article is that the standard used by the Supreme Court to judge whether the President has overstepped the power given to him by the Constitution is unclear and in need of a fine tuning. Students in my courses where we discuss executive power are encouraged to look over this article.