Master of Arts (MA)
First Committee Member
Number of Pages
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.
Bench; Built; House; Interpretations; Powers; Separation; Shifting; Soil; Sturdy
University of Nevada, Las Vegas
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Sibley, Michael Justin, "A sturdy house built on shifting soil: Separation of powers Interpretations from the bench" (1998). UNLV Retrospective Theses & Dissertations. 908.