A model of institutional rational choice is presented to describe the actual practice of the separation of powers, and the model is illuminated by examining the accommodation in the foreign policy and war powers area and the manner in which it reflects the balance of interests among the branches.
John O. McGinnis,
Constitutional Review by the Executive in Foreign Affairs and War Powers: A Consequence of Rational Choice in the Separation of Powers,
56 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol56/iss4/13