Table of Contents for

Separation of Powers in Practice

Preface

1.      Introduction

Part 1.  Structural Features of the Separation of Powers

2.      Synopsis of the Advantages of the Separate Branches of Government

3.      Rules of the Legislative Process

4.      Statutory Construction: The Courts Review the Work of the Legislature

5.      Stare Decisis: The Self-Imposed Constraint by the Judicial Branch Not Shared by the Other Branches

Part 2.  Case Illustrations of the Separation of Powers

6.      The Proper Roles of Government: The Case of Obnoxious Speech

7.      The Exclusionary Rule: When Is a Matter Constitutional, When Is It Only Policy?

8.      Affirmative Action: The Use of Race by Government

9.      The Fiesta Bowl: Unintended Consequences of Judicial and Legislative Activism

10.   Defining Constitutional Rights: Roe v. Wade

11.   The Civil Rights Act of 1992: The Burden of Proof as a Judicial Function Used to Achieve a Legislative Result

12.   Two Statutes, a Hundred Years Apart: When Court Interpretation Changes between and after Two Separate Legislative Acts

13.   When the Supreme Court Does Not Do Its Job: The Second Amendment

14.   Methods of Solving Disputes between (and within) the Branches of Government

15.    Another Method of Solving Interbranch Disputes: Legislators Going to Court to Sue the Executive Branch

Index