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FREYTAG v. COMMISSIONER

No. 90-762.

501 U.S. 868 (1991)

111 S.Ct. 2631

115 L.Ed.2d 764

FREYTAG ET AL. v. COMMISSIONER OF INTERNAL REVENUE

Supreme Court of United States.

Decided June 27, 1991.

Attorney(s) appearing for the Case

Kathleen M. Sullivan argued the cause for petitioners. With her on the briefs were Brian Stuart Koukoutchos and Richard J. Sideman.

Deputy Solicitor General Roberts argued the cause for respondent. With him on the briefs were Solicitor General Starr, Assistant Attorney General Peterson, Stephen J. Marzen, Gary R. Allen, and Steven W. Parks.*

JUSTICE BLACKMUN delivered the opinion of the Court.

The leading Framers of our Constitution viewed the principle of separation of powers as the central guarantee of a just government. James Madison put it this way: "No political truth is certainly of greater intrinsic value or is stamped with the authority of more enlightened patrons of liberty." The Federalist No. 47, p. 324 (J. Cooke ed. 1961). In this litigation, we must decide whether the authority that Congress...

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