On June 18, ACS hosted a panel at the 2006 National Convention to explore the principles underlying the Separation of Powers and how those principles can and should apply today. In an era in which partisan affiliations seem to affect political actions far more than institutional loyalties, can there be meaningful checks and balances? Panelists discussed issues such as how we can ensure oversight in an era of increased partisanship and secrecy; to what extent we should even consider formal separation of powers principles apart from the merits of a proposed governmental action; the appropriate role for courts in maintaining checks and balances and when it is appropriate for courts to look to history (either from the founding or at other times) in making decisions; and how separation of powers principles apply when the specific text of the Constitution is not at issue. A transcript of this panel is available in the ACS document clearinghouse.

From left to right, panelists included:

• Judge Patricia Wald, former Chief Judge, U.S. Court of Appeals for the D.C. Circuit; former Judge, Int’l Criminal Tribunal for the former Yugoslavia
• Jack Balkin, Professor of Law, Yale Law School
• Louis Michael Seidman, Professor of Law, Georgetown University Law Center
• Rebecca L. Brown, Professor of Law, Vanderbilt University Law School
• John Harrison, Professor of Law, University of Virginia School of Law