Award Date

1-1-1998

Degree Type

Thesis

Degree Name

Master of Arts (MA)

Department

Political Science

First Committee Member

Jerry Simich

Number of Pages

134

Abstract

This thesis explores the development of the separation of powers doctrine and its application by the United States Supreme Court. Its analysis will focus upon the six different approaches to the doctrine that the Court has employed over the past two hundred years. Moreover, it will show that these six methods of analysis; which include the textual, original intent, structural, institutional competence, historical practice, and values approaches, have often been mixed single cases; The approach that is employed in these separation of powers cases often dictates their outcome. In many of these cases, a different approach may have led to a substantially different outcome. Thus, it will show that the doctrine has grown to have an ambiguous nature. This is both confusing and constraining to law makers and has led to the argument that the separation of powers doctrine no longer has a place in our modern political world.

Keywords

Bench; Built; House; Interpretations; Powers; Separation; Shifting; Soil; Sturdy

Controlled Subject

Political science

File Format

pdf

File Size

3450.88 KB

Degree Grantor

University of Nevada, Las Vegas

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