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Thomas O. Sargentich Biography

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“Furthermore, the managerial ethos of parliamentary reformism is in direct tension with important values associated with the dialogue that attends our system of checks and balances. The term "parliamentary reform" should not be allowed to cloud the fact that the critics advance a highly pro-executive position that would seek a strong government primarily by undercutting the independence of Congress.”

Separation Of PowersConstitutional LawChecks And Balances1993ReformismParliamentarism
Book:The Limits of the Parliamentary Critique of the Separation of Powers
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“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 reinforced by the fact that different groups and individuals do have diverse conceptions of the good life. To assume without doubt that a system of political interaction culminates in some unitary expression of national will to which the government must be "accountable" is to fail to grapple with the underlying societal complexity.”

1993Will Of The PeopleGovernment AccountabilityMinority ViewsFeminist CritiquePolitical Pluralism
Book:The Limits of the Parliamentary Critique of the Separation of Powers
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“In any event, one must consider the broader implications of a frontal assault on the separation of powers as outdated, ineffective, and unaccountable.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. At the most basic level, the argument overlooks the importance of deliberation, dialogue, and debate involving the institutions of U.S. government and the public.”

Separation Of PowersUs Government
Book:The Limits of the Parliamentary Critique of the Separation of Powers
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“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 the states; and the House represents particular constituencies that often have highly local concerns. More generally, the President speaks for the nation, and members of Congress—while being concerned with matters of national import—speak especially for different constituent parts of the nation. This constitutional structure guarantees that diverse perspectives will contribute to dialogue about public policy.”

Separation Of PowersConstitutional LawChecks And Balances1993
Book:The Limits of the Parliamentary Critique of the Separation of Powers
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“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 balances. The first principle requires that the branches of government be identifiably discrete. The second assumes that the branches are separate and then concentrates on promoting the checking of each by the others. The task of separation summons forth a "formalist" analysis; it requires formal definitions of some sort to provide the baseline for analysis. The task of checking and balancing is most closely associated with a "functionalist" approach; it requires an awareness of the need to balance the roles and functions of different institutions in determining their appropriate relations.”

Separation Of PowersConstitutional LawChecks And Balances1993Parliamentarianism
Book:The Limits of the Parliamentary Critique of the Separation of Powers
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