Deploying the Internal Separation of Powers Against Racial Tyranny

31 Pages Posted: 2 Nov 2021

See all articles by Bijal Shah

Bijal Shah

Boston College Law School

Abstract

The separation of powers in the federal government exists to ensure a lack of tyranny in the United States. This Essay grounds the separation of powers in tyranny perpetuated by racialized hierarchy, violence, and injustice. Recognizing the primacy of racial tyranny also reveals a would be tyrant: the President. Engaging the branches of federal government—including the Executive herself—to empower agencies to check presidents’ base racist impulses would imbue the separation of powers framework with additional meaning and normative force.

Keywords: president, administrative law, race, separation of powers, tyranny, internal separation of powers, executive branch

Suggested Citation

Shah, Bijal, Deploying the Internal Separation of Powers Against Racial Tyranny. Northwestern University Law Review Online, Vol. 116 (2021), Available at SSRN: https://ssrn.com/abstract=3954548

Bijal Shah (Contact Author)

Boston College Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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