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Separated Powers and Positive Political Theory: The Tug of War Over Administrative Agencies

Macey, Jonathan

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Abstract

Perhaps the most intriguing thing about the United States Constitution is the way that its basic principles keep recreating themselves in new and unexpected contexts. Quite recently, for example, the complex matrix of checks and balances under the constitutional separation of powers embodied in Articles I, II, and III has found new support in the work of scholars espousing positive political theory (PPT).