Abstract

http://ssrn.com/abstract=2664409
 


 



Presidential Leadership and the Separation of Powers


Eric A. Posner


University of Chicago - Law School

September 17, 2015

U of Chicago, Public Law Working Paper No. 545

Abstract:     
The presidents who routinely are judged the greatest leaders are also the most heavily criticized by legal scholars. The reason is that the greatest presidents succeeded by overcoming the barriers erected by Madison’s system of separation of powers, but the legal mind sees such actions as breaches of constitutional norms that presidents are supposed to uphold. With the erosion of Madisonian checks and balances, what stops presidents from abusing their powers? The answer lies in the complex nature of presidential leadership. The president is simultaneously leader of the country, a party, and the executive branch. The conflicts between these leadership roles put heavy constraints on his power.

Number of Pages in PDF File: 15


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Date posted: September 24, 2015  

Suggested Citation

Posner, Eric A., Presidential Leadership and the Separation of Powers (September 17, 2015). U of Chicago, Public Law Working Paper No. 545. Available at SSRN: http://ssrn.com/abstract=2664409 or http://dx.doi.org/10.2139/ssrn.2664409

Contact Information

Eric A. Posner (Contact Author)
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)
HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/
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