ABSTRACT

The central anomaly of our structure is apparent from Mr. Arthur Schlesinger's article. He recognizes that the separation of powers between the executive and legislative branches requires them to agree on a policy in order to legislate and execute it. As Mr. Schlesinger points out, the incentives under a parliamentary system run in the opposite direction. The party or parties that hold a legislative majority choose some of their number to "form a government" led by a premier or prime minister; the "government" adopts what it considers to be an appropriate set of policies, and the majority votes together to legislate and execute those policies. The Constitution not only separates the Congress from the president; it separates Congress from itself. Congress has two separate houses that have every incentive to differ with one another except when they join to differ with the president.