ENGLISH

Myth of Coequal Branches: Restoring the Constitution’s Separation of Functions

Book information

Publisher
University of Missouri
Year
2018
ISBN
9780826274212, 0826274218
Language
english
Format
PDF
Filesize
931 kB (953315 bytes)
Series
Studies in constitutional democracy.
Pages
227\245
Time added
2019-12-05 17:39:47

Description

"The idea that the three branches of U.S. government are equal in power is taught in classrooms, proclaimed by politicians, and referenced in the media. But, as David Siemers shows, that idea is a myth, neither intended by the Founders nor true in practice. Siemers explains how adherence to this myth normalizes a politics of gridlock, in which the action of any branch can be checked by the reaction of any other. The Founders, however, envisioned a separation of functions rather than a separation of powers. Siemers argues that this view needs to replace our current view, so that the goals set out in the Constitution's Preamble may be better achieved"--Publisher's description.  Read more... Introduction: the myth of equality -- The public face of contemporary coequality -- The founding generation and interbranch power -- "The relative power of the ... branches has always ebbed and flowed" -- The presidency and interbranch power -- The judiciary: guardians of distinctive functions or guardians of coequal branches? -- The "first branch" becomes coequal -- "We the People" at a crossroads.

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