The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers

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Separation of powers conflicts between Congress and the president should be treated as nonjusticiable political questions by the Supreme Court to avoid undermining the separation of powers. Novelty: ClaimNovelty.CONTRADICTORY. Consensus alignment: ConsensusAlignment.CHALLENGES_CONSENSUS.

Christopher M. Parker

doi:10.1080/07343469.2026.2719026

August 19, 2026Congress & the Presidency

The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers

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Key Points

Examine how Supreme Court adjudication of disputes between Congress and the president influences the constitutional separation of powers.
Constitutional analysis of separation of powers jurisprudence.
Doctrinal assessment of the political question doctrine applied to conflicts between the legislative and executive branches.
Judicial resolution of executive-legislative disputes disrupts the intended balance of power across governmental branches.
Categorizing interbranch conflicts as nonjusticiable political questions preserves the constitutional mechanism of political bargaining.

Abstract

In The Constitution of Conflict, Thomas Rives Bell argues that separation of powers conflicts between Congress and the president should be considered nonjusticiable political questions by the court...

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Christopher M. Parker (2026) studied this question.

synapsesocial.com/papers/6a895f53ca7ade938187ddc3 https://doi.org/10.1080/07343469.2026.2719026

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The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers

Key Points

Abstract

Discussion

Cite This Study

The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers

Key Points

Abstract

Discussion

Cite This Study

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