Cass Sunstein

That ensures a kind of capacity for self-government.

Second, courts can't execute the laws.

That's extremely important because we have an executor of the laws, that is the executive branch, which has incentives and safeguards if things are working well, and independence, which means if the judge is mad at you, the judge can't go putting you in jail.

There's a separation between lawmaking and execution of the laws.

That's really important.

And if we think of fascist or communist systems, the combination of judicial and executive authority is a very bad thing from the standpoint of liberty.

The legislature can't execute the laws.

That's very...

very important.

It means that you have two safeguards before you get in trouble.

The legislature has to authorize the executive to act, and then the executive has to decide independently to go against you.

The legislature can't interpret the laws.

That's very important because the legislature doesn't have

neutrality with respect to the meaning of, let's say, the Constitution of the United States.

So we need a different body so as to prevent self-interested interpretation.

The main event, which is the executive can't interpret the laws or make the laws, is something I'm just going to put in bold letters.

And it's going to be like an airplane in the sky.

And we can talk more about it if we like.

But the framers got one thing wrong.

They were most scared of the legislature.