Opening Address: The Separation of Powers: An Exemplar of the Rule of Law

Dick Thornbaugh
The doctrine of separation of powers is a basic tenet ofAmerican jurisprudence. This Symposium probes into its ongoing vitality in shaping contemporary legal and public policy issues. The following is a documentation of the Federalist Society Conference entitled “The Presidency and Congress: Constitutionally Separated and Shared Powers” held on January 19 and 20, 1990 at the Mayflower Hotel in Washington, D.C.

Panel I: Agency Autonomy and the Unitary Executive

Stephen Breyer, Terry Eastland, E. Donald Elliot and Laurence Silberman
I shall argue that we must separate two important issues: the first, “separation of powers,” raises issues of constitutional law; and the second, “Presidential control of agency decision making,” raises issues of fair and effective government.

Address: The Impact of Separation of Powers on National Security

Richard Cheney and T. Kenneth Cribb Jr.
Federalists, I give you the former six-term congressman from Wyoming, the former Chief of Staff to President Ford, and the individual who, as much as anyone in Congress, made Gorbachev the man he is today-Secretary of Defense Dick Cheney.

Panel II: Presidential Lawmaking Powers: Vetoes, Line Item Vetoes, Signing Statements, Executive Orders, and Delegations of Rulemaking Authority

Frank Easterbrook, Theodore Olson, Steven Ross and David Schoenbrod
My topic is the delegation of legislative power which occurs when a statute authorizes the Executive to make the rules of conduct. My purpose is to urge you to begin to rethink whether this prevalent practice is a wise and good thing.

Toward a Stricter Separation of Powers? Toward a Parliamentary Model? Or Does It Matter?

Timothy Muris
It is a pleasure to be here to discuss separation of powers and whether we could have a better system than our divided government.

What is Wrong with Divided Government?

Lloyd Cutler

In Praise of Divided Government

Richard A. Epstein
In my view, you measure the success or failure of government, not by the volume of legislation that it generates, but by whatever increment of good it adds to human welfare, or as is typically the case, by the relatively small level of harm it inflicts upon social institutions. The correct way to look at things is with the strong presumption that the more legislation you have, the worse that…

Unified or Divided Government?

Lloyd Cutler and Richard A. Epstein

Address: Thoughts on Restructuring Government

Charles Robb and Allen Weinstein
Chuck will speak this morning on “random constitutional thoughts with some particular bellyaching about the budget process.” Without further comment I present to you the co-chairman of this conference, Senator Charles S. Robb.

Panel III: Congressional Control of the Administration of Government: Hearings, Investigations, Oversight, and Legislative History

Griffin Bell, L. Gordon Crovitz, Michael Davidson, Peter Strauss and Stephen Williams

Panel IV: The Appropriations Power and the Necessary and Proper Clause

William Barr, Louis Fisher, Edwin Meese III, Geoffrey P. Miller and Kate Stith
We are going to talk about some of the coercive aspects that the Constitution, in a sense, gives to the Congress, because there are some constitutional powers given to the Congress which directly relate to how the executive branch does its job.

Address: The Neutral Application of Rules to Each of the Three Branches

C. Boyden Gray

Panel V: The Role of the Courts in Separation of Powers Disputes

Stephen Carter, Kenneth Culp Davis and Kenneth Starr
In the arena of separation of powers, courts have at times shown discomfort similar to that evident in the sometimes articulated fears of entering the thicket of political questions. Notwithstanding the apparent discomfort, however, courts have tended not to back away from deciding separation-of-powers questions.

Address: Erosion of the President’s Power in Foreign Affairs

Robert H. Bork and Erwin Gilkes
I am proud to introduce our friend and teacher, Judge Robert Bork.

Trademark Law Revision Act of 1988 and the Gatekeeper Role of the PTO: Heading Abuse Off at the Pass

Tammy J. Snyder
Recent Development

Recent Developments in Corporate and White Collar Crime

Marc Bolson, Ross Cockburn, James R. Edmunds, Jay Shuchart and Rich Vicenzie