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Supreme Court Decisions in Recent Decades on Separation-Of-Powers Issues Generally

Question 29

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Supreme Court decisions in recent decades on separation-of-powers issues generally reflect one of two approaches. Some decisions adopt a "flexible" approach, while others follow a "rigid" approach. Which approach better characterizes the majority's position in Morrison v. Olson (1988)? Why? Which approach better characterizes the majority's position in Clinton v. City of New York (1998)? Why?

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In Morrison v. Olson (1988), the majorit...

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