Deploying the Internal Separation of Powers Against Racial Tyranny

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