It’s no news that the separation of powers in the federal government involves separation among the executive, legislative, and judicial branches.
That’s why the following passage surprised me in U.S. News‘ editorial critique of Alberto Gonzales:
An essential element of the separation of powers is at issue here. The attorney general has to be the rock of any administration. Gonzales, alas, has been its marshmallow.
Since there are legitimate bases from which to criticize Gonzales, why take up separation of powers? Gonzales works for the president. His job involves conveying the president’s policies through the Justice Department, to the extent that those policies comply with the Constitution and federal law (and to the extent that he can affect the ingrained biases of career Justice Department employees).
Pretending that the U.S. attorney general should operate as an independent actor in the administration makes no sense.
