1127 Connecticut Ave NW
Washington, DC 20036
Constitutionally Separated and Shared Powers
January 19 — 20, 1990The American separation of executive, legislative, and judicial power is distinctive among the world's constitutional democracies. The scheme of separated powers specified in the U.S. Constution arose from the Framers' belief that the power of the central government they were creating had to be fragmented among three separate branches with separate functions if liberty was to be preserved. By thus dividing power, the Framers reasoned that ambition could be made to counteract ambition to the benefit of freedom. Thus, the Framers relied heavily on structural devices -- separation of powers, bicameralism, and federalism -- rather than on affirmative prohibitions of governmental behavior for the preservation of liberty. They hoped that their system of separated powers, tempered by the few specifically delineated instances of commingled responsibility, would lead to a government of laws and not of men.
Over the years, the constitutional design of 1787 came to be modified in several important respects. The creation of independent agencies, the delegation by Congress of broad lawmaking responsibilities to the executive branch, the increased frequency and role of congressional oversight hearings, and the creation of independent counsels have all modified -- in theory, practice, or both -- the original strict, formal conception of separation of powers. While the status quo has its defenders, voices have been heard in recent years questioning the wisdom of the present arrangements. Some believe we should return to the stricter separation of powers that the Framers favored. Others advocate a parliamentary model with a more closely fused executive and legislature.
This conference will examine our system of constutionally separated and shared powers. A distinguished group of panelists drawn from government and academia will discuss the pros and cons of the Framers' vision, while attempting to explain where in practice things have gone wrong. We hope the ensuing discussion will help to shed light on the principles that underlie our system of limited constitutional democracy.
Back to topThe Presidency and Congress
Topics: | Constitution • Separation of Powers • Federalism & Separation of Powers |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." Attorney General Richard Thornburgh opened the conference with an address on the importance of separation of powers.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
Topics: | Administrative Law & Regulation • Constitution • Separation of Powers • Federalism & Separation of Powers |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." The first panel discussed "Agency Autonomy and the Unitary Executive."
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
Topics: | Foreign Policy • Security & Privacy • Separation of Powers • Federalism & Separation of Powers • International & National Security Law |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." Then Secretary of Defense, Dick Cheney offered a keynote address on separation of powers and foreign policy.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
Topics: | Constitution • Federalism • Separation of Powers • Federalism & Separation of Powers |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." The second panel covered "Presidential Lawmaking Powers: Line Item Vetoes, Signing Statements, Executive Orders, and Delegations of Rulemaking Authority."
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
The Presidency and Congress
Topics: | International Law & Trade • Separation of Powers • Federalism & Separation of Powers • International & National Security Law |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." The second day of the conference began with an address by Senator Charles Robb on fiscal responsibility and political divisions in Congress.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
Topics: | Article I Initiative • Constitution • Separation of Powers • Federalism & Separation of Powers |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." The third panel explored "Congressional Control of the Administration of Government: Hearings, Investigations, Oversight, and Legislative History."
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
Topics: | Article I Initiative • Constitution • Separation of Powers • Federalism & Separation of Powers |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." The fourth panel covered "The Appropriation Power and the Necessary and Proper Clause."
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
Topics: | Separation of Powers • Federalism & Separation of Powers |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." The second day of the conference featured a luncheon address by C. Boyden Gray on "The Neutral Application of Rules to Each of the Three Branches."
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
The Presidency and Congress
The Presidency and Congress
Topics: | Foreign Policy • Separation of Powers • Federalism & Separation of Powers |
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On January 19-20, 1990, The Federalist Society hosted a conference at the Mayflower Hotel in Washington, DC. The topic of the conference was "The Presidency & Congress: Constitutionally Separated and Shared Powers." The conference concluded with an address by Judge Robert Bork.
Featuring:
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.