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Comparison Of Separation Of Powers By Justice Burger And Justice Scalia

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Separation of Powers is a complicated and nuanced idea and system, that even the courts have struggled to understand and agree on; I believe that Justice Burger and Justice Scalia summarised Separation of Powers amazingly in their opinions. In INS v. Chadha Justice Burger wrote, “With all the obvious flaws of delay, untidiness, and potential for abuse, we have not yet found a better way to preserve freedom than by making the exercise of power subject to the carefully crafted restraints spelled out in the Constitution.” In Morrison v. Olsen Scalia wrote, “While the separation of powers may prevent us from righting every wrong, it does so in order to ensure that we do not lose liberty.” Both of these statements are why we should continue to make
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