Separation of Powers in Practice

Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciary’s advantage of being able to do justice in an individual case, and the executive’s homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.

"Few people have viewed American government from so many angles as Tom Campbell. As a five-term Congressman and a California state senator, he learned what the states and the federal government each do best, and what Congress, the executive branch and the courts each do best. With erudition and vivid case studies, he has drawn his political experience into a rich and insightful volume of essays on the separation of powers. No book so learned in the law has ever looked at the comparative advantages of each branch of government through the lens of such lived experience." -Kathleen M. Sullivan, Dean, Stanford Law School "Tom Campbell takes a strikingly innovative and sophisticated approach to a fundamental constitutional question: the separation of powers that is the bedrock of our national government. His service as a congressman adds richness and realism to his scholarship. These essays will prove fascinating to all who are interested in wise government and the structural basis for American freedoms." -Robert H. Bork,Distinguished Senior Fellow, The Hudson Institute "Tom Campbell's knowledge of the intricate rules of both Houses of Congress and of how the lawmaking process really works generates many unique insights. This excellent book will be important reading for scholars and practitioners of law and public policy as well as an invaluable primer for all U.S. public officials." -Jesse H. Choper, Boalt Hall School of Law, University of California, Berkeley

Tom Campbell is a former five-term U.S. Congressman and one-term California State Senator. He was a Professor of Law at Stanford for nineteen years, and is currently Bank of America Dean and Professor of Business at the Haas School of Business, University of California, Berkeley.