Myth of Coequal Branches: Restoring the Constitution’s Separation of Functions PDF
Preview Myth of Coequal Branches: Restoring the Constitution’s Separation of Functions
THE MYTH OF COEQUAL BRANCHES THE MYTH OF COEQUAL BRANCHES RESTORING THE CONSTITUTION’S SEPARATION OF FUNCTIONS DAVID J. SIEMERS UNIVERSITY OF MISSOURI PRESS Columbia Publication of this volume has been supported with a gift from the Kinder Institute on Constitutional Democracy Copyright © 2018 by The Curators of the University of Missouri University of Missouri Press, Columbia, Missouri 65211 Printed and bound in the United States of America All rights reserved. First printing, 2018. Library of Congress Cataloging-in-Publication Data Names: Siemers, David J., author. Title: The myth of coequal branches : restoring the constitution’s separation of functions / by David J. Siemers. Description: Columbia, Missouri : University of Missouri, 2018. | Series: Studies in constitutional democracy | Includes bibliographical references and index. Identifiers: LCCN 2018021227| ISBN 9780826221698 (hardback : alk. paper) | ISBN 9780826274212 (e-book) Subjects: LCSH: Separation of powers--United States. | Constitutional history--United States. | BISAC: POLITICAL SCIENCE / Government / General. Classification: LCC JK305 .S54 2018 | DDC 320.473/04--dc23 LC record available at https://lccn.loc.gov/2018021227 This paper meets the requirements of the American National Standard for Permanence of Paper for Printed Library Materials, Z39.48, 1984. Typefaces: Frutiger and Minion STUDIES IN CONSTITUTIONAL DEMOCRACY Justin B. Dyer and Jeffrey L. Pasley, Series Editors The Studies in Constitutional Democracy Series explores the origins and de- velopment of American constitutional and democratic traditions, as well as their applications and interpretations throughout the world. The often subtle interaction between constitutionalism’s commitment to the rule of law and de- mocracy’s emphasis on the rule of the many lies at the heart of this enterprise. Bringing together insights from history and political theory, the series show- cases interdisciplinary scholarship that traces constitutional and democratic themes in American politics, law, society, and culture, with an eye to both the practical and theoretical implications. Previous Titles in Studies in Constitutional Democracy Lloyd Gaines and the Fight to End Segregation James W. Endersby and William T. Horner Aristocracy in America: From the Sketch-Book of a German Nobleman Francis J. Grund Edited and with an Introduction by Armin Mattes From Oligarchy to Republicanism: The Great Task of Reconstruction Forrest A. Nabors John Henry Wigmore and the Rules of Evidence: The Hidden Origins of Modern Law Andrew Porwancher Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government Joseph Postell for Sarinda, who has no equal CONTENTS List of Tables / xi Acknowledgments / xiii Introduction: The Myth of Equality / 3 Chapter One / The Public Face of Contemporary Coequality / 13 Chapter Two / The Founding Generation and Interbranch Power / 35 Chapter Three / “The Relative Power of the . . . Branches Has Always Ebbed and Flowed” / 59 Chapter Four / The Presidency and Interbranch Power / 81 Chapter Five / The Judiciary: Guardians of Distinctive Functions or Guardians of Coequal Branches? / 111 Chapter Six / The “First Branch” Becomes Coequal / 139 Chapter Seven / “We the People” at a Crossroads / 169 Notes / 185 List of Works Consulted / 207 Index / 217 ix
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