Actually, two members of the TalkBoard from outside the U.S. realize that it is the Legislature that makes the laws, including those pertaining to how the Executive and Judiciary must behave. The Executive enforces the laws established by the Legislature and the Judiciary insures that the Executive does so fairly.

That is true separation of powers.

In this case, it would mean that the TalkBoard would establish both the TOS (which everyone must obey) and the operating procedures for the moderators (who, as the police, are part of the Executive). Randy, as the Supreme Court, would have the right to decide if a particular law established by the TalkBoard was unconstitutional and, if it was not, to make certain that the moderators are enforcing that law fairly.

As it currently stands, moderators are establishing both the TOS and, even more importantly, their own operating procedures. They refuse to have any Legislative review of their practices and the Judiciary, which is extremely (and understandably) very busy with other duties, very rarely has the time to provide a timely appeals process.

The moderators, therefore, are:

1. Acting as the Legislature in establishing laws and procedures.
2. Acting as the Executive in enforcing these laws.
3. Acting as the Judiciary (in most cases) in providing the only appeals process.