6. The Court and the other branches

Abstract

Is the phrase separation of powers misleading? “The Court and the other branches” looks at the Court in relation to the president and Congress. A more accurate description of the relationship between the branches might be “dynamic interaction” with tensions arising between them. Sometimes these tensions cause limited disagreements. Some developments are more ominous, such as Congress’s attempts to limit the Supreme Court’s power or the power of federal courts in general. This ingrained and constitutionally based struggle about law-making authority is expressed in a cycle of interaction and reaction that shows no sign of ending and may be hard-wired into the system.