Frontmatter
Contents
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