Scholarly Articles

A Common Script for Dislodging Trumpism – Retrospective Thoughts on Impeachment 2.0

As some of my colleagues here know, I was a bit frustrated throughout the second impeachment that there wasn’t more focus on Trump’s dereliction of duty on January 6. It seemed clear to me at the time that the dereliction charge would have been more intuitive than the incitement to violence charge, because everyone knew … Continue reading A Common Script for Dislodging Trumpism – Retrospective Thoughts on Impeachment 2.0

A Clarification on the Separation of Powers

I agreed with Ben’s essential point that within the separation of powers we can expect President Biden to have a somewhat different perspective on executive power than candidate Biden or, especially, Senator Biden. That point was about the institution shaping the occupant of the office. That’s embodied in Madison’s famous line about the interests of … Continue reading A Clarification on the Separation of Powers

Separation of Parties, not Powers?

Both George and Greg suggest that my separation of powers argument concerning Biden’s air strikes doesn’t square with the fact that political parties have replaced the separation of powers. I agree with them that this has now become the conventional opinion regarding the separation of powers. And, as they rightly note, the dominance of parties … Continue reading Separation of Parties, not Powers?

Separation of Powers? Or Separation of Parties?

I think Greg Weiner’s friendly amendment to Ben Kleinerman’s argument may be more than an amendment. What Greg rightly notes is that the logic of the separation of powers should be institutional, not partisan. It is not particularly odd that President Biden sees things differently than Senator Biden. He occupies a different office with different … Continue reading Separation of Powers? Or Separation of Parties?

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