The Executive Under Separation of Powers Theory and Practice

Download or read book The Executive Under Separation of Powers Theory and Practice written by Robert Solender and published by . This book was released on 1943 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that the government of the United States is composed of three elements, legislative, executive, and judicial is introduced to the school child at an early age. These three functions he is told form a perfect equilateral triangle. In actuality, however, one may conclude today without too much difficulty that strict observance of the doctrine of separation of powers is mythical, and that in some cases, separation of powers is virtually non-existent. Why then, this thesis; to trace an outworn concept?-- hardly. For to begin with, the concept is by no means outworn. We have come a long way from Montesquieu and a long way from 1787, but while the doctrine has undergone repeated qualifications it remains a potent force. Witness the fact that it was only a decade ago that the Supreme Court declared the NRA unconstitutional as a violation of separation of powers. Today, this nation is in the throes of the greatest war in history and it is only natural that in these days of total war the administrative branch will tend to expand as never before. But the war will not last forever, and the question of the constitutional distribution of power will regain its importance in the return to normalcy.