Why the framers believed it was important to create a separation of powers

For the values that characterize Western thought are not self-executing. They have never been universally accepted in the societies most closely identified with them, nor are their implications by any means so clear and unambiguous that the course to be followed in particular situations is self-evident. On the contrary, these values are potentially contradictory, and the clash of interests to be found in the real world is so sharp that the nature of the governmental structures through which decisions are arrived at is critically important for the actual content of these decisions.

Why the framers believed it was important to create a separation of powers

Notes Acknowledgments The ideas for this book come from the theoretical and practical work I have been doing for the last ten years. None of that work has been done alone.

As a result, the list of people to whom I am indebted makes Oscar night acknowledgments look haiku-terse by comparison. Here I can mention only a few. I beg pardon for the inevitable omissions.

First and foremost, my family has tolerated my eccentricities and fixations and moderated them with gentle and deserved mockery.

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Then it would be in the public domain, right? I owe the biggest debt of gratitude to my colleague Jennifer Jenkins, who directs the Center and who has influenced every chapter in this book.

David Lange brought me to Duke. His work on the public domain has always been an inspiration to mine. Jerry Reichman has supplied energy, insight, and a spirited and cosmopolitan focus on the multiple ways in which property can be protected.

Jed Purdy and Neil Siegel commented on drafts and provided crucial insights on the construction of my argument. Amidst a brilliant group of research assistants, Jordi Weinstock and David Silverstein stood out. Jordi showed a dogged ability to track down obscure s songs that was almost scary.

Balfour Smith, the coordinator of our Center, shepherded the manuscript through its many drafts with skill and erudition. Duke is the most interdisciplinary university I have ever encountered and so the obligations flow beyond the law school.

Professor Anthony Kelley, a brilliant composer, not only educated me in composition and the history of musical borrowing but co-taught a class on musical borrowing that dramatically influenced Chapter 6. Colleagues in the business school—particularly Jim Anton, a great economic modeler and greater volleyball partner, and Wes Cohen, a leading empiricist—all left their marks.

I was also inspired and informed by colleagues and students in computer science, English, history, and political science. But the work I am describing here is—as the last chapter suggests—something that goes far beyond the boundaries of one institution.

A large group of intellectual property scholars have influenced my ideas. Jessica in particular caught and corrected some of my many errors, while Pam encouraged me to think about the definition of the public domain in ways that have been vital to this book. Michael suggested valuable edits—though I did not always listen.

Historical work by Carla Hesse, Martha Woodmansee, and Mark Rose has been central to my analysis, which also could not have existed but for work on the governance of the commons by Elinor Ostrom, Charlotte Hess, and Carol Rose. Kembrew McLeod and Siva Vaidhyanathan inspired my work on music and sampling.

Peter Jaszi was named in my last book as the person who most influenced it. Beyond the academy, my main debt is to the board members and staff of Creative Commons, Science Commons, and ccLearn.

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Creative Commons, on whose board I am proud to have served, is the brainchild of Larry Lessig and Hal Abelson; Science Commons and ccLearn are divisions of Creative Commons that I helped to set up which concentrate on the sciences and on education, respectively.

Hal Abelson, Michael Carroll, and Eric Saltzman were on the midwife team for the birth of those organizations and became close friends in the process. Since the entire Creative Commons staff has made it routine to do seven impossible things before breakfast, it is hard to single out any one individual—but without Glenn Brown at Creative Commons and John Wilbanks at Science Commons, neither organization would exist today.

Jimmy Wales, founder of Wikipedia and another Creative Commons board member, also provided key insights. Finally, but for the leadership of Laurie Racine neither Creative Commons nor our Center at Duke would be where they are today, and thus many of the experiments I describe in this book would not have happened.

The intellectual property bar is a fascinating, brilliant, and engagingly eccentric group of lawyers. I owe debts to many of its members. Whitney Broussard told me the dirty secrets of the music industry. Daphne Keller—a former student and later a colleague—helped in more ways than I can count.

A number of scientists and computer scientists made me see things I otherwise would not have—Drew Endy and Randy Ruttenberg in synthetic biology, Nobel laureates Sir John Sulston and Harold Varmus in genomics and biology more generally, Paul Ginsparg in astrophysics, and Harlan Onsrud in geospatial data.

History of the Separation of Church and State in America

The work of Richard Stallman, the creator of the free software movement, remains an inspiration even though he profoundly disagrees with my nomenclature here—and with much else besides. Activists, civil rights lawyers, bloggers, and librarians have actually done much of the hard work of building the movement I describe at the end of this book.

Jamie Love has touched, sparked, or masterminded almost every benign development I write about here, and novelist Cory Doctorow has either blogged it or influenced it. John Howkins and Gilberto Gil have provided considerable leadership internationally. But there are many, many others.This web-friendly presentation of the original text of the Federalist Papers (also known as The Federalist) was obtained from the e-text archives of Project Gutenberg.

Concentrated political power frightened the Founders. They believed that only by limiting government could liberty survive the natural tendency of man to dictate the habits of other men.

The balanced separation of power with checks was designed to prevent tyranny. The first outsized words of the Constitution read We the People.

History of the Separation of Church and State in America

It’s our document. The Tax Protester FAQ Introduction What is the purpose of this FAQ? The purpose of this FAQ is to provide concise, authoritative rebuttals to nonsense about the U.S.

tax system that is frequently posted on web sites scattered throughout the Internet, by a variety of fanatics, idiots, charlatans, and dupes, frequently referred to by the courts as “tax protesters”. Here are the official questions and answers for the Civics test portion of the U.S.

Citizenship Test. Quotes from the Supreme. Court,John Paul Stevens,William O. Douglas,Hugo L. Black,John Marshall Harlan,John Marshall,Charles Evan .

Why the framers believed it was important to create a separation of powers

History of the Separation of Church and State in America. By - March 27, The topic of Separation of Church and State has obviously become a hot one in America with both the Supreme Court case regarding the inclusion of the phrase "under God" in the Pledge of Allegiance and President George Bush's promotion of his "faith based initiative" along with his overtly religious tone.

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