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Vol 23 No 5 May/June 2018

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Separation of Powers

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ISBN13: 9781568027272
ISBN: 1568027273
Published: February 2003
Publisher: CQ Press
Format: Hardback
Price: Out of print

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.

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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