The separation of powers is a fundamental component to the American system of government. In general, the executive branch executes laws, the legislative branch writes laws, and the judicial branch interprets laws. But while the absolute basics are straightforward, there are many nuances to the debate as to what responsibilities and powers are within each branch's sphere, how each branch can and should check and balance the other two, and whether the separation of powers is being threatened by the actions (or inaction) or one or more branches.
Today's episode gives a rundown of what separation of powers is and why we have it. It also discusses various general debates as to what each of the executive, legislative, and judicial branches is allowed to do, whether one branch is taking too much power, whether the other branches are allowing another to take too much power, and how Donald Trump (particularly in his 2nd term) factors into the equation. Buckle up!
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(0:00) Intro and Today's Topic
(1:40) What is Separation of Powers and Why We Have it
(6:03) What the Separation of Powers Looks Like: Executive Branch
(8:34) What the Separation of Powers Looks Like: Legislative Branch
(13:28) What the Separation of Powers Looks Like: Judicial Branch
(16:57) General Challenges for the Separation of Powers
(17:55) General Challenges: Executive Orders
(21:58) General Challenges: War Powers
(31:38) General Challenges: Highly Partisan SCOTUS Nominations/Confirmations
(35:52) General Challenges: The "Political Question" Doctrine
(39:01) Donald Trump and Separation of Powers Debates
(41:45) Donald Trump and Executive Orders
(45:29) Donald Trump and Cuts in Federal Spending
(48:51) Donald Trump and Chevron Deference
(52:39) Final Thoughts and Closing