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The myth of coequal branches : restoring the Constitution's separation of functions / by David J. Siemers.

By: Material type: TextTextSeries: Publication details: Columbia, Mo. : University of Missouri, (c)2018.Description: 1 online resource (xv, 227 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780826274212
Other title:
  • Restoring the Constitution's separation of functions
Subject(s): Genre/Form: LOC classification:
  • JK305 .M984 2018
Online resources: Available additional physical forms:
Contents:
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.
Subject: "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.
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Includes bibliographies and index.

"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.

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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