Abstract
Professor Ronner suggests that after United States v. Klein, the border between legislative and judicial power has been destroyed. The courts are accomplishing their own demise by approving legislation which infiltrates that innermost core of judicial power. Although the courts have had many occasions to address the question of when Congress violates the separation of powers doctrine, this Article is limited primarily to an analysis of three such events which illustrate the progressive annihilation of judicial power. The Article then discusses the most significant policies behind the separation of powers doctrine-the trepidation about government's tendency to lead toward tyranny and oppression. Professor Ronner proposes that the separation between legislative and judicial power is just as essential to liberty today as it was to the Framers. Professor Ronner suggests an atavistic, but modified version of the Klein test, which can be used to determine when Congress has impermissibly intruded upon judicial power.
How to Cite
35 Ariz. L. Rev. 1037 (1993)
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