Related Research Articles
Separation of powers refers to the division of a state's government into "branches", each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative. In most non-authoritarian jurisdictions, however, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused.
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame and constraints of government. The Constitution's first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world today.
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Charles Louis de Secondat, Baron de La Brède et de Montesquieu, generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher.
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies.
United States v. Klein, 80 U.S. 128 (1871), was a landmark United States Supreme Court case stemming from the American Civil War (1861–1865).
The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789).
Parliamentary immunity, also known as legislative immunity, is a system in which political leadership position holders such as president, vice president, minister, governor, lieutenant governor, speaker, deputy speaker, member of parliament, member of legislative assembly, member of legislative council, senator, member of congress, corporator, councilor etc. are granted full immunity from legal prosecution, both civil prosecution and criminal prosecution, in the course of the execution of their official duties.
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the drafting of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances.
Clinton v. City of New York, 524 U.S. 417 (1998), was a landmark decision by the Supreme Court of the United States in which the Court held, 6–3, that the line-item veto, as granted in the Line Item Veto Act of 1996, violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. Justice John Paul Stevens wrote for the six-justice majority that the line-item veto gave the President power over legislation unintended by the Constitution, and was therefore an overstep in their duties.
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executive power" of the United States in the President. Although that general principle is widely accepted, there is disagreement about the strength and scope of the doctrine.
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.
The Speech or Debate Clause is a clause in the United States Constitution. The clause states that "The Senators and Representatives" of Congress "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."
Gravel v. United States, 408 U.S. 606 (1972), was a case regarding the protections offered by the Speech or Debate Clause of the United States Constitution. In the case, the Supreme Court of the United States held that the privileges and immunities of the Constitution's Speech or Debate Clause enjoyed by members of Congress also extend to Congressional aides, but not to activity outside the legislative process.
In United States constitutional law, the Vesting Clauses are three provisions in the United States Constitution which vest legislative power in Congress, executive power in the President, and judicial power in the federal courts.
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Presidential reorganization authority is a term used to refer to a major statutory power that has sometimes been temporarily extended by the United States Congress to the President of the United States. It permits the president to divide, consolidate, abolish, or create agencies of the U.S. federal government by presidential directive, subject to limited legislative oversight. First granted in 1932, presidential reorganization authority has been extended to nine presidents on 16 separate occasions. As of 2017, it was most recently granted to Ronald Reagan.
Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. ____ (2020) was a U.S. Supreme Court case which determined that the structure of the Consumer Financial Protection Bureau (CFPB), with a single director who could only be removed from office "for cause", violated the separation of powers. Handed down on June 29, 2020, the Court's 5–4 decision created a new test to determine when Congress may limit the power of the president of the United States to remove an officer of the United States from office.
References
- ↑ http://worldcat.org/identities/lccn-nr2003024831/ . Retrieved May 15, 2022.
{{cite web}}: Missing or empty|title=(help) - 1 2 "Weddings/Celebrations; Catherine Roach, Joshua Chafetz". The New York Times. June 24, 2007. Retrieved May 15, 2022.
- ↑ "Josh Chafetz" . Retrieved May 15, 2022.
- ↑ "UH – News Releases – UH Mourns the Death of Prominent Sociology Professor". uh.edu. Retrieved May 15, 2022.
- ↑ Muro, Ignacio Torres (2008). "Josh Chafetz: «Democracy's privileged few. Legislative privilege and democratic norms in the British and American Constitutions»". Revista de las Cortes Generales (in Spanish): 485–493. doi: 10.33426/rcg/2008/75/1375 . ISSN 2659-9678.
- ↑ Kosar, Kevin R. (2020). "Congress's Constitution: Legislative Authority and the Separation of Powers. By JoshChafetz. New Haven, CT: Yale University Press. 2017. 438 pp". Presidential Studies Quarterly. 50 (3): 716–717. doi:10.1111/psq.12665. S2CID 225765840.
- ↑ Ostrander, Ian (2018). "Chafetz, Josh. Congress's Constitution: Legislative Authority and the Separation of Powers: New Haven, CT: Yale University Press, 2017. 448 pages. $45 (hardcover)". Congress & the Presidency. 45 (1): 111–112. doi:10.1080/07343469.2017.1404845. S2CID 159937208.
- ↑ Gerhardt, Michael (2018). "Congress's Constitution: Legislative Authority and the Separation of Powers by JoshChafetz. New Haven, CT, Yale University Press, 2017. 448 pp. $45.00". Political Science Quarterly. 133 (2): 389–390. doi:10.1002/polq.12781. S2CID 158902245.
- ↑ Walker, Christopher J. "Restoring congress's role in the modern administrative state". Michigan Law Review. 116 (6): 1101–1121.
- ↑ Krishnakumar, Anita S. (2017–2018). "How Long Is History's Shadow". Yale Law Journal. 127: 880.
- ↑ Huq, Aziz Z.; Chafetz, Josh (2018). "Separation of Powers Metatheory". Columbia Law Review. 118 (5): 1517–1582. ISSN 0010-1958. JSTOR 26434612.