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Entertainment, Arts, and Sports Law Commons

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2003

The Catholic University of America, Columbus School of Law

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Full-Text Articles in Entertainment, Arts, and Sports Law

Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner Jan 2003

Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner

Scholarly Articles and Other Contributions

In more than one key opinion, Justice Byron White cited Justice Robert H. Jackson's concept of the "art of governing" as the cornerstone of his own approach to separation-of-powers problems.' In Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson had written:

The actual art of governing under our Constitution does not and cannot conform to judicial definitions of the power of any of its branches based on isolated clauses or even single Articles torn from context. While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable ...