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Full-Text Articles in Law
How The Separation Of Powers Doctrine Shaped The Executive, Louis J. Sirico Jr.
How The Separation Of Powers Doctrine Shaped The Executive, Louis J. Sirico Jr.
Working Paper Series
This Article examines the debates of the Founders over the separation of powers doctrine as it relates to the executive branch. After surveying the experience in the colonies and under the post-Revolutionary state constitutions, it analyzes the relevant issues at the Constitutional Convention. Rather than focusing on abstract discussions of political theory, the article examines specific decisions and controversies in which separation of powers was a concern. The Article offers a detailed recounting of those debates. At the Convention, separation of powers arose most prominently in the arguments over nine issues: choosing the Executive, permitting the Executive to stand for …
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan
Working Paper Series
There is an ongoing debate about whether the U.S. Constitution includes -- or should be interpreted to include -- a principle of "church autonomy." Catholic doctrine and political theology, by contrast, clearly articulated a principle of "libertas ecclesiae," liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which …