Joshua Macey (Yale University - Law School) & Brian Richardson (Cornell University - Law School) have posted Structural Indeterminacy and the Separation of Powers on SSRN. Here is the abstract: Despite ongoing disagreement about how the Constitution allocates powers among the different branches, the two dominant schools of thought in American separation-of-powers debates— formalism and functionalism—agree on three premises: Certain powers inhere in certain government branches, some powers are vested exclusively in one or another branch, and the judiciary is the final arbiter of separation-of-powers disputes.