...where the Constitution meets cotton candy.


Separation of Powers Land

For over two centuries the executive, legislative and executive branches of government have danced a delicate ballet.  At times, one branch has intentionally or inadvertently stepped on the ballet shoes of another branch of government (ok...I'll stop the cheesy analogy). 

Coming soon to Constitutionland is this whole world dedicated to the balance between the branches of government and the Supreme Court's role in it.  To help understand the separate powers between the federal government and the states, enjoy the DORMANT COMMERCE CLAUSE...a lesson on how the mere existence of the Constitution impacted the powers of the states.  BAKER v. CARR: POLITICS AS USUAL will examine the Supreme Court's foray into what some, including Justice Felix Frankfurter, consider political questions.  Speaking of Justice Frankfurter, you will see him walking around Separation of Powers Land, talking above anyone who doesn't want to listen to him about the direction the Supreme Court has taken in recent years.  Also, look for Mr. Check and Balance. 

Thrill seekers will enjoy the TIPPING SCALE OF JUSTICE RIDE...a swinging ride aboard a giant scale. Dance lovers will enjoy the CHECK AND BALANCE MODERN BALLET...an alternative approach to the scholarship on separation of powers...with dance!!!

"Justiciability(n.): The quality or state of being appropriate or suitable for adjudication by a court." Black's Law Dictionary, (8th Ed. 1999)

SIMPLY PUT: Is a court competent to hear a case and reach a decision?  Is there a current controversy or disupte between the parties? That dispute must not be a political question... 

"Political Question: A question that a court will not consider because it involves the exercise of discretionary power by the executive or legislative branches of government." 
Black's Law Dictionary, (8th Ed. 1999)

SIMPLY PUT: In order to maintain the checks and balances between the three branches of government, courts, should not stick their judicial noses in the business of the other branches of government. 

Justice Felix Frankfurter

Website Builder