3 Takeaways™ Six Ways the Constitution Keeps Leaders in Check with Cass Sunstein (#289)
Feb 17, 2026
Cass Sunstein, Harvard Law professor and former OIRA administrator, breaks down how the Constitution spreads power to prevent concentration. He outlines six distinct separations among branches. He discusses limits on what each branch can do, the tradeoff between speed and liberty, and risks when separations erode.
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Separation Is A Family Of Safeguards
- The Constitution contains six distinct separations of power, not a single monolithic rule.
- Treating separation as a 'they' highlights multiple institutional divisions that protect liberty and self-government.
Executive Barred From Lawmaking And Interpretation
- The framers forbade the executive from making or authoritatively interpreting the law to protect self-government.
- Courts interpret law and legislatures make law, preserving neutral interpretation and preventing self-interested rule-making.
Use Checks As Active Constraints
- Recognize checks and balances as mutual constraints beyond mere separation.
- Use veto, impeachment, and judicial review as distinct tools that keep institutions from overrunning one another.
