Reply Thu 23 Mar, 2017 10:15 am
Hello all,

I am doing research on how the separation of powers rulings have evolved in the Supreme Court of the US. I noticed that SCOTUS wasn't very concerned about separation of powers issues in the early 1900s, but in the past few decades, SCOTUS seems to be much more concerned with separation of powers issues. I can't seem to figure out why.

Does anyone have any idea why SCOTUS has taken on separation of powers issues so much more in recent decades than in the past?
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Reply Thu 23 Mar, 2017 03:25 pm
Just to be clear: When you say "separation of powers", it means powers of the various branches of the Federal government. That is, the powers of the Executive branch vs the powers of the Legislative branch vs the powers of the Judicial branch.

When you say "states rights", you mean the powers of the states vs the powers of the Federal government, which ever branch of the Federal government might be involved in the specific case.

So, do you mean states rights vs Federal rights issues, or "separation of powers" issues? The two sometimes get confused.
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