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SEPARATION OF POWERS

A subtle but critical examination into federal power and the many ways it can be used—and abused.

The noted legal scholar and economist describes how a fundamental principle of a free society is meant to work.

Sunstein, among other things a veteran federal administrator under Presidents Obama and Biden, writes, memorably, that “freedom from fear is the central goal of the system of separation of powers.” Moreover, it is a kind of bill of rights, a requirement that those in power justify their actions as a bulwark against authoritarianism. By Sunstein’s account, this separation of powers essentially holds that the legislature cannot exercise executive or judicial power, the judiciary cannot exercise executive or legislative power, and the executive cannot exercise legislative or judiciary power. But is that so? There are considerable shades of interpretation there, ranging from originalism to the view that, as Sunstein puts it, “We can readily imagine one or another time and place in which one or another of [these] propositions might be rejected”—a time of national emergency, say. Sunstein cautions that separation does not imply checks and balances; there’s always overreach, and the much-mooted “deep state” does its part to preserve liberty by refusing to put some example of that overreach into actual motion. All this leads to a discussion of where the lines are really drawn, and here Sunstein hedges into fine distinctions: If President Trump (Sunstein names names) has immunity from anything he does in office, does that truly mean that he can direct the Justice Department to investigate and prosecute political enemies “only for one reason: to exact retribution?” Perhaps. But perhaps not, too: It depends on judges and lawmakers who are willing to do their jobs. And therein lies a rub, for, as Sunstein notes at the conclusion of this brief but packed book, “grave threats come from a government that is liberated from the constraints of the separation of powers.”

A subtle but critical examination into federal power and the many ways it can be used—and abused.

Pub Date: Feb. 17, 2026

ISBN: 9780262051774

Page Count: 168

Publisher: MIT Press

Review Posted Online: Dec. 4, 2025

Kirkus Reviews Issue: Jan. 15, 2026

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WHEN BREATH BECOMES AIR

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...

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A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.

Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.

Pub Date: Jan. 19, 2016

ISBN: 978-0-8129-8840-6

Page Count: 248

Publisher: Random House

Review Posted Online: Sept. 29, 2015

Kirkus Reviews Issue: Oct. 15, 2015

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ONE DAY, EVERYONE WILL HAVE ALWAYS BEEN AGAINST THIS

A philosophically rich critique of state violence and mass apathy.

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An Egyptian Canadian journalist writes searchingly of this time of war.

“Rules, conventions, morals, reality itself: all exist so long as their existence is convenient to the preservation of power.” So writes El Akkad, who goes on to state that one of the demands of modern power is that those subject to it must imagine that some group of people somewhere are not fully human. El Akkad’s pointed example is Gaza, the current destruction of which, he writes, is causing millions of people around the world to examine the supposedly rules-governed, democratic West and declare, “I want nothing to do with this.” El Akkad, author of the novel American War (2017), discerns hypocrisy and racism in the West’s defense of Ukraine and what he views as indifference toward the Palestinian people. No stranger to war zones himself—El Akkad was a correspondent in Afghanistan and Iraq—he writes with grim matter-of-factness about murdered children, famine, and the deliberate targeting of civilians. With no love for Zionism lost, he offers an equally harsh critique of Hamas, yet another one of the “entities obsessed with violence as an ethos, brutal in their treatment of minority groups who in their view should not exist, and self-­decreed to be the true protectors of an entire religion.” Taking a global view, El Akkad, who lives in the U.S., finds almost every government and society wanting, and not least those, he says, that turn away and pretend not to know, behavior that we’ve seen before and that, in the spirit of his title, will one day be explained away until, in the end, it comes down to “a quiet unheard reckoning in the winter of life between the one who said nothing, did nothing, and their own soul.”

A philosophically rich critique of state violence and mass apathy.

Pub Date: Feb. 25, 2025

ISBN: 9780593804148

Page Count: 224

Publisher: Knopf

Review Posted Online: Dec. 14, 2024

Kirkus Reviews Issue: Jan. 15, 2025

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