Separation of Powers Institute

The Separation of Powers Institute (SPI) at Catholic University’s Columbus School of Law serves as a hub for academic research and debate on legal and constitutional questions related to the roles and functions of the three federal branches of government within the U.S. constitutional system.

Exploring the Structure of Constitutional Power and its Impact

The Separation of Powers Institute (SPI) promotes and hosts scholarship, student programs, and educational initiatives that examine the federal constitutional structure, with an emphasis on a historical understanding of the role of divided power in the preservation of “justice,” the “general welfare,” and “the blessings of liberty.” SPI will serve as a hub of academic research and debate on legal and constitutional questions related to the role of the three federal branches of government and the allocation of their role and functions within the federal constitutional system.

SPI was founded to serve as a leading voice in the nation’s capital in the study of foundational principles underlying constitutional constraints impacting the federal government in relation to states, local governments, private citizens, and community institutions. SPI will sit at the intersection of the development of legal theory and practice addressing the constitutional scope of executive branch operations in relation to Congress and the judiciary and practical examination of contemporary operations of administrative agencies.

In June 2024, the Institute founded the Separation of Powers Clinic at Catholic Law. The clinic will provide practical instruction to students studying the constitutional allocation of power among the three federal branches of government, states and local governments, and private institutions. The clinic files briefs in the U.S. Supreme Court and appellate courts throughout the country and is directed by adjunct professor Trent McCotter.

Separation of Powers Clinic

SPI founded the Catholic Law Separation of Powers Clinic in June 2024, to provide practical instruction to students studying separation of powers issues within the federal government as well as structural constitutional principles that apply to the division of authority between the federal and state governments. Students working with the clinic also have the opportunity to participate closely in practical projects related to the study of constitutional questions that form the backbone of SPI’s mission to foster significant legal scholarship examining the role of the division of power within the three branches of the federal government for the preservation of individual and community liberty. Students participating in the clinic course will gain practical legal experience by identifying cases of interest, researching legal issues, and helping to prepare drafts of appellate briefs.

Trent McCotter serves as Director of Clinical and Academic Programs at SPI as well as Director of the clinic, which operates under the supervision of Professor Mascott who teaches substantive courses in constitutional law, separation of powers, federal courts, and administrative law. Mr. McCotter is a partner at Boyden Gray PLLC and formerly served as a Deputy Associate Attorney General at the U.S. Department of Justice as well as Assistant U.S. Attorney in the Eastern District of Virginia. Harry Graver is Deputy Director of the clinic as well as an adjunct professor at the law school. Mr. Graver is an associate at Jones Day and a former clerk to Justice Brett Kavanaugh; he received the Fay Diploma awarded by Harvard Law School to the student with the highest cumulative combined grade point average over three years of law school.

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