SEPARATION OF POWERS AS ORDINARY INTERPRETATION

• Published in: Harvard law review Vol. 124; no. 8; pp. 1939 - 2040
• Main Author: Manning, John F.
• Format: Journal Article
• Language: English
• Published: Cambridge Harvard Law Review Association 01.06.2011
• Subjects: Authority; Balance of Power; Checks; Common law; Constitution; Constitutional law; Constitutions; Executive branch; Federal Government; Functionalism; Historical analysis; Impeachment; Judicial powers; Law; Legislation; Legislative Bodies; Measurement; Negotiation; Norms; Political behaviour; Political debate; Power; Power Structure; Records; Separation of Powers; Statutory law; Strikes; Supreme Court; Supreme Courts; U.S.A; Vested benefits; United States > US

The Supreme Court applies the structural provisions of the Constitution by relying on an overarching framework of "separation of powers." Its cases reflect two distinct visions of the doctrine. Functionalist decisions presuppose that Congress has plenary authority to compose the government...