“In turning now to the principle of dialogue underlying the Constitution's structure, it is important first to note a basic distinction. The Constitution's structural theory rests on two closely related but nevertheless separate principles: separation of powers and checks and… — Thomas O. Sargentich Copy Share Image
“Whatever one thinks of the feminist critique in particular, it underscores an important general lesson. For those who feel and are marginalized, the idea of a single national will, to be somehow revealed in a special election, is likely to be threatening. It deemphasizes—many would say silences—those in a minority who have competing [political or ideological] orientations. This point is… — Thomas O. Sargentich Copy Share
“In any event, one must consider the broader implications of a frontal assault on the separation of powers as outdated, ineffective, and unaccountable. The assault calls into question core aspects of the Constitution, and it offers in their place a vision of firm and unified governmental management. What does this approach sacrifice? Ultimately, a number of fundamental values are threatened.… — Thomas O. Sargentich Copy Share
“The fundamental idea is that through the separation of powers and checks and balances, different voices—those of the President, the Senate, and the House of Representatives—can be expected to contribute to public debate about the ends and means of national policy. The notions are familiar: the President speaks as the nationally elected voice of the people generally; the Senate represents… — Thomas O. Sargentich Copy Share
“Furthermore, the managerial ethos of parliamentary reformism is in direct tension with important values associated with the dialogue that attends our system of checks… — Thomas O. Sargentich Copy Share Image
“In turning now to the principle of dialogue underlying the Constitution's structure, it is important first to note a basic distinction. The Constitution's structural… — Thomas O. Sargentich Copy Share Image
