He then examines the powers held by the executive and legislative branches, as well as the people, to impact the courts and check against judicial overreach. He also explains how the U.S. legal system differs from other legal systems around the world. Most notably, the U.S. has a common law tradition and an adversarial system, although both of these characteristics are under threat from the ever-expanding administrative state and the use of secret courts, where nobody is arguing the other side.
Finally, he is discussing the modern issues of the judicial system by addressing the rise of the overbearing and unconstitutional administrative state made up of dozens of regulatory agencies with executive, legislative, and judicial powers. Additionally, Cuccinelli discusses where and how the country has moved away from the founders’ intent for the three branches of government, the problems that arise from judicial activism and legislating from the bench, and how we are supposed to deal with contemporary issues that the founders could not have imagined in their time.