The Separation of Powers Warrior
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The Founders divided power among three branches for a purpose: to prevent any single person, institution, or faction from concentrating enough governmental authority to destroy the liberty of the governed. The separation of powers doctrine is not a technical abstraction — it is the structural constitutional guarantee that lies beneath every individual right in the Bill of Rights. When executive power expands beyond its constitutional limits, every other constitutional protection is at risk.
The Separation of Powers Warrior: The Complete Guide to Executive Power, Congressional Authority, the Administrative State, and the Constitutional Framework of American Government is Volume XVII of Wayne Richard Evangelista's Constitutional Law Series — the complete practitioner's guide to the structural constitutional doctrine that has never been more relevant or more contested than it is today.
Wayne Richard Evangelista covers the full separation of powers landscape: Justice Jackson's Youngstown three-category framework and its application to contemporary executive action; the unitary executive theory and its implications for independent agencies after Seila Law LLC v. CFPB and Collins v. Yellen; the removal power from Humphrey's Executor through Morrison v. Olson to the current doctrine; the Appointments Clause and the Lucia v. SEC and United States v. Arthrex decisions; the nondelegation doctrine's potential revival after Gundy v. United States and Justice Gorsuch's dissent; the legislative veto's unconstitutionality after INS v. Chadha; executive privilege after United States v. Nixon and Trump v. Mazars; signing statements; and the treaty power.
For every lawyer who challenges executive overreach, litigates against administrative agencies, or advises clients whose interests are at stake in the war between the branches, this is the essential guide.
The Separation of Powers Warrior
$69.99
Sale price
$69.99
Regular price