A great opportunity, coupled with a strong moral obligation to accept it, confronts political science: to give major attention to the separation of powers between the President and the Congress in the Constitution of the United States. The critical scrutiny of a growing number of public persons reminds us that this separation was attacked by the redoubtable Charles H. McIlwain as posing a danger to constitutional government itself.

Mcllwain on the Separation of Powers

“Among all the modern fallacies that have obscured the true teachings of constitutional history, few are worse than the extreme doctrine of the separation of powers and the indiscriminate use of the phrase ‘checks and balances.’” When representative assemblies took over from kings, “they assumed a power and a responsibility that had always been concentrated and undivided.” McIlwain rejected the separation of powers in favor of the limitation of powers. “The true safeguards of liberty against arbitrary government are the ancient legal limitation and the modern political responsibility” or “full political responsibility … to the whole people.” The latter is “utterly incompatible with any extended system of checks and balances.”

McIlwain could find no “good precedents” in history for “this dissipation of government” which has “worked disaster ever since it was adopted.” He feared that if the dissipation of government developed much further it would precipitate a reaction that might sweep away “every protection of any sort, legal as well as political, to leave the individual naked and unprotected against the ever-present danger of arbitrary government.”