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  • Beyond Checks and Balances

    The Political Purpose of the Separation of Powers

    Series series Democracy, Citizenship, and Constitutionalism
    An argument for understanding the separation of powers as a political arrangement designed to pursue the common democratic goodBeyond Checks and Balances seeks to rescue the democratic concept of the separation of powers from a popular caricature of it: that checks and balances exist between branches of government to frustrate, slow, and inhibit change. Long regarded as a legal doctrine that must ... Read more

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  • Congress and the Constitution

    Series series Constitutional Conflicts
    For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress’s capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this ... Read more

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