... of the government and provides recommendations on the Madisonian separation of legislative and executive powers. The United States has not been under a plebiscitary presidency. In such a system, the president has unchecked legal powers except for the obligation to submit to periodic elections. In the current system...

... that the alternative to liberal legalism, with its executive tightly constrained by law, must be executive tyranny. This is a bogeyman of liberal legal and political theory that rests on little or no evidence. The real alternative to liberal legalism is not tyranny but a plebiscitary presidency, constrained...