Stanford University Press
Separation of Powers in Practice
About this book
Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision. Tom Campbell is a former five-term U.S. Congressman and one-term California State Senator. He was a Professor of Law at Stanford for nineteen years, and is currently Bank of America Dean and Professor of Business at the Haas School of Business, University of California, Berkeley.
Author / Editor information
Topics
-
Download PDFPublicly Available
Frontmatter
i -
Download PDFPublicly Available
Contents
vii -
Download PDFPublicly Available
Preface
ix -
Download PDFRequires Authentication UnlicensedLicensed
1. Introduction
1 - Part 1. Structural Features of the Separation of Powers
-
Download PDFRequires Authentication UnlicensedLicensed
2. Synopsis of the Advantages of the Separate Branches of Government
19 -
Download PDFRequires Authentication UnlicensedLicensed
3. Rules of the Legislative Process
29 -
Download PDFRequires Authentication UnlicensedLicensed
4. Statutory Construction: The Courts Review the Work of the Legislature
51 -
Download PDFRequires Authentication UnlicensedLicensed
5. Stare Decisis: The Self-Imposed Constraint by the Judicial Branch Not Shared by the Other Branches
69 - Part 2. Case Illustrations of the Separation of Powers
-
Download PDFRequires Authentication UnlicensedLicensed
6. The Proper Roles of Government: The Case of Obnoxious Speech
87 -
Download PDFRequires Authentication UnlicensedLicensed
7. The Exclusionary Rule: When Is a Matter Constitutional, When Is It Only Policy?
101 -
Download PDFRequires Authentication UnlicensedLicensed
8. Affirmative Action: The Use of Race by Government
120 -
Download PDFRequires Authentication UnlicensedLicensed
9. The Fiesta Bowl: Unintended Consequences of Judicial and Legislative Activism
133 -
Download PDFRequires Authentication UnlicensedLicensed
10. Defining Constitutional Rights: Roe v. Wade
143 -
Download PDFRequires Authentication UnlicensedLicensed
11. The Civil Rights Act of 1992: The Burden of Proof as a Judicial Function Used to Achieve a Legislative Result
159 -
Download PDFRequires Authentication UnlicensedLicensed
12. Two Statutes, a Hundred Years Apart: When Court Interpretation Changes between and after Two Separate Legislative Acts
172 -
Download PDFRequires Authentication UnlicensedLicensed
13. When the Supreme Court Does Not Do Its Job: The Second Amendment
178 -
Download PDFRequires Authentication UnlicensedLicensed
14. Methods of Solving Disputes between (and within) the Branches of Government
185 -
Download PDFRequires Authentication UnlicensedLicensed
15. Another Method of Solving Interbranch Disputes: Legislators Going to Court to Sue the Executive Branch
193 -
Download PDFRequires Authentication UnlicensedLicensed
Index
223