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Cover Image: Separation of Powers: Documents and Commentary
  • Date: 02/26/2003
  • Format: Print Cloth
  • Price: $139.00
  • ISBN: 978-1-56802-727-2
  • Pages: 410

Separation of Powers: Documents and Commentary
Katy J. Harriger, Wake Forest University
Editor


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.

This unique reference will provide readers with:

  • Original essays from eminent scholars
  • Approximately 75 documents-from political philosophers, America's founding documents, congressional debates, presidential statements, and Supreme Court decisions-with detailed headnotes that describe the constitutional significance, historical context, and interrelationships among and between the primary sources
  • A look at separation of powers across the three branches simultaneously
  • A combination of historical, philosophical, political, constitutional perspective to enable the reader to fully understand the constitutional concept.

Separation of Powers also includes an extensive bibliography at the end of each chapter, a table of cases and a detailed index.

Table of Contents

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--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

Bio(s)
Katy J. Harriger, Wake Forest University

Katy J. Harriger, volume editor, is an associate professor in the political science department at Wake Forest University. She is the author of Independent Justice: The Federal Special Prosecutor in American Politics (University Press of Kansas, Second Edition, 2000).

Samples Pages