David Fontana

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85.1
Institutional Loyalties in Constitutional Law
David Fontana
Associate Professor of Law, George Washington University

Our thanks to Michael Abramowicz, Joseph Blocher, Mary Anne Case, Justin Driver, Alison LaCroix, Jonathan Masur, Jon Michaels, Douglas NeJaime, Martha Nussbaum, David Pozen, David Schleicher, Paul Schied, Naomi Schoenbaum, Micah Schwartzman, Michael Selmi, Ganesh Sitaraman, Lior Strahilevitz, and Laura Weinrib for thoughtful comments and suggestions. Lael Weinberger, Brent Cooper, and other editors at the Review also supplied useful critical thoughts. We also received helpful feedback from workshops at the George Washington Law School and the University of Chicago Law School. Support for one of us (Huq) was supplied by the Frank J. Cicero, Jr. Fund. Our errors are our responsibility alone.

Aziz Z. Huq
Frank and Bernice J. Greenberg Professor of Law, University of Chicago Law School

The Constitution’s separation of powers implies the existence of three distinct and separate branches.