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LESSON 09 : Public vs. Private, Separation of Powers
Course
Farah Javed
Learn the essential differences between public and private authority and the doctrine of separation of powers, including how these distinctions protect liberty and prevent government overreach.
This micro-learning course explores the foundational legal distinctions between public and private persons, rights, and authority, as well as the critical doctrine of separation of powers in American governance. Through ten concise modules, learners will examine definitions, implications, and real-world consequences of confusing public and private statuses. The course explains who is legally empowered to create, interpret, and execute laws, and why only public officers, not private individuals, hold enforcement authority. It details risks to liberty when these roles are misunderstood or violated, including historical examples and key Supreme Court cases such as U.S. v. Lopez and Steward Machine Co. v. Davis. Modules also cover federalism, state sovereignty, and the structural protections against tyranny designed by the Founders. Learners will engage with practical scenarios, court challenges, and application-based questions to understand modern risks to both the public-private distinction and balanced governance. By the end, participants will be equipped to recognize and defend the boundaries that safeguard individual rights and uphold constitutional order.
Here is the course outline:
1. Introduction to Public-Private Distinctions and Separation of PowersSets the stage by outlining why the public-private distinction and the separation of powers doctrine are central to American liberty and balanced governance. 9 sections
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2. Public Authority and Enforcement RolesExplores who may create, interpret, and execute laws, emphasizing that only duly appointed public officers—not private persons—hold enforcement power. 9 sections
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3. Private Individuals and Their Protected RightsExamines constitutional safeguards for private persons and clarifies the line between inalienable rights and public privileges. 9 sections
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4. Creation of Public Office and Public EntitiesDetails how public offices (e.g., taxpayer, withholding agent) and public corporations arise, and contrasts them with purely private status. 9 sections
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5. Jurisdiction, Consent, and Status PresumptionsShows how courts decide public status, why consent is essential, and the dangers of presuming a private person into public office. 9 sections
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6. Public Franchises as ContractsExplains licenses, Social Security, and similar franchises as voluntary contracts requiring consideration, distinguishing private rights from public obligations. 9 sections
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7. Government Overreach and Erosion of Private RightsAnalyzes how false presumptions and statutory manipulation can corrode private rights and foster corruption within government systems. 9 sections
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8. Separation of Powers and Federalism in ActionTraces the doctrine’s roots, structural safeguards, and landmark cases (U.S. v. Lopez, Steward Machine Co. v. Davis) that illustrate balanced governance. 9 sections
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9. Applying the Principles: Modern ChallengesProvides courtroom questions and real-world scenarios to test presumptions, highlight violations, and expose risks to balanced governance today. 9 sections
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10. Summary and Next StepsRecaps key insights, reinforces the importance of guarding private rights and maintaining separation of powers, and points to further study resources. 10 sections
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