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This paper addresses how US-China rivalry is shaping the primary institutions of American constitutional governance. It asks whether new geopolitical demands have eroded traditional checks and balances between Congress, the President, and the courts. History teaches that global conflict can alter the balance of constitutional powers, leading at times to executive overreach, congressional abetment or acquiescence, and judicial deference. Are these structural patterns being reproduced today? How can politicians, policymakers, and governments lawyers ensure that healthy interbranch dynamics persist through a new age of conflict?

About the Author

Mark Jia

Mark Jia

Wilson China Fellow;
Associate Professor of Law at Georgetown University
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Kissinger Institute on China and the United States

The Kissinger Institute works to ensure that China policy serves American long-term interests and is founded in understanding of historical and cultural factors in bilateral relations and in accurate assessment of the aspirations of China’s government and people.  Read more