Demarcation of Law Separation Theory

Mr. Madison will cease turning over in his grave and may finally rest in peace. 

The category mistake in the conventional description of the Three-part Separation Theory was practically adjusted by recognizing that the judicial branch is inevitably responsible for the review of the law. Therefor, the three branches are the processing  stages (administration) of law: legislate, execute, and adjudicate. 

The Demarcation of Law Separation Theory suggests that the powers of government are primarily separated into three sections of law, executive, administrative, and legislative; and that the legislative law (power) can be subdivided into four separate jurisdictions of civil law: diplomacy, commercial, trust, and property law. Providing the correct class of categories for balancing and then formulating  the control of the powers to meet our modern sophisticated expectations.

The commissioning of specific jurisdictions of civil law, each with its own legislature, executive security department, and graduated review system will fulfill what was prescribed by Mr. Madison in the political science scholars' favorite essay, Federalist Papers Number 51: “each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others, . . . divide the legislature into different branches; and to render them, by different modes of election and different principles of action.”

The unchallenged argument we endure is that the bicameral legislative assemblies are not commissioned exclusive jurisdictions of law to guard (principles of action), and that incalculable aspect surrendered the entire system to flawed partisanship. The addition of the Seventeenth Amendment, making the Senate elections public (modes of election) like the House of Representatives, captured the All-American duopoly of forever-wavering political parties. The primary doctrine of the duopoly evolved into doing whatever it takes to win public elections in the persistent effort to populate the three branches in partisan alignment to overrule the competing faction, rather than guarding the commission of the branch to check the abuses in the other branches.

Legislative assemblies commissioned for specific jurisdictions of law with graduated appointment rules are inclined to faction based on the abstract aspects associated with the isolated system of law, rather than the general political parties' promises to relieve artificial and frivolous grievances. The Demarcation of Law Separation model with exclusive legislative assemblies and corresponding security departments will further fulfill the ambition to provide each partition with “a will of its own,” because each partition will have robust career paths for their members compared to the whimsical career paths for the elected offices, isolated paths in the bureaucracy, and stagnate judiciary.