Vesting Clauses

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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.[ how? ]

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President Andrew Jackson interpreted these clauses as expressly creating a separation of powers among the three branches of the federal government. [1] In contrast, Victoria F. Nourse has argued that the Vesting Clauses do not create the separation of powers, and it actually arises from the representation and appointment clauses elsewhere in the Constitution. [2] [ additional citation(s) needed ]

Legislative Vesting Clause

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Article I, Section 1:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Executive Vesting Clause

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Article II, Section 1, Clause 1:

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:[...]

Judicial Vesting Clause

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Article III, Section 1:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

See also

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The Legislative Vesting Clause of the United States Constitution bestows the legislative power of the United States federal government to the United States Congress. Similar clauses are found in Article II and Article III; the former bestows federal executive power exclusively in the President of the United States, and the latter grants judicial power solely to the United States Supreme Court, and other federal courts established by law. These three clauses together secure a separation of powers among the three branches of the federal government, and individually, each one entrenches checks and balances on the operation and power of the other two branches.

The Judicial Vesting Clause of the United States Constitution bestows the judicial power of the United States federal government to the Supreme Court of the United States and in the inferior courts of the federal judiciary of the United States. Similar clauses are found in Article I and Article II; the former bestows federal legislative power exclusively to the Congress of the United States, and the latter grants executive power solely to the President of the United States. These three clauses together secure a separation of powers among the three branches of the federal government, and individually, each one entrenches checks and balances on the operation and power of the other two branches.

References

  1. Calabresi, Steven G.; Yoo, Christopher S. (2008). The Unitary Executive: Presidential Power from Washington to Bush. New Haven: Yale University Press. p. 110. ISBN   9780300145380 . Retrieved January 28, 2023.
  2. Nourse, Victoria F. (2016). Misreading Law, Misreading Democracy. Cambridge: Harvard University Press. p. 178. ISBN   9780674971417 . Retrieved January 28, 2023.