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Podcast

Has Modern Government Destroyed the Separation of Powers?

Ep. 202213
75 minute listen

The U.S. Constitution defines three branches of government: the legislative, executive and judicial. 聽But, even during the Federal Convention of 1787, delegates disagreed on the structure, powers, and responsibilities of these branches.

The U.S. Constitution defines three branches of government: the legislative, executive and judicial. 聽Even during the Federal Convention of 1787, delegates disagreed on the structure, powers, and responsibilities of these branches. 聽The Federalist/Antifederalist battles during ratification; the controversy over Lincoln鈥檚 use of executive power during the Civil War; and the modern debates around an 鈥渋mperial presidency,鈥� 鈥渃ongressional do-nothings,鈥� and 鈥渁ctivist judges鈥� illustrate that our conception of three branches is still problematic. 聽To what extent can power be shared among coequal branches of government? 聽Are the three branches actually coequal? 聽And if they are coequal, is the act of governing too hard under the U.S. Constitution? 聽Or has modern government destroyed the separation of powers?

  • Federalist 51
  • 鈥淔ireside Chat鈥� on the Plan for Reorganization of the Judiciary
  • Immigration and Naturalization Service v. Chadha
  • Morrison v. Olson

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