The Yale Law Journal

Aziz Z. Huq

Article

The Cycles of Separation-of-Powers Jurisprudence

Aziz Z. Huq & Jon D. Michaels

abstract.The Supreme Court’s approach to the Constitution’s separation of powers is a puzzle. Although the Justices appear to agree on the doctrine’s goals, in almost every important line of cases the Court oscillates between hard-edged rules and open-textured standards. The Court’s seem…