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Vesting Clauses

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.

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]

Legislative Vesting Clause

Text

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

Text

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

Text

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

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.
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Vesting Clauses
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