Legislative Power, Delegation, and the Separation of Powers

Flashcards covering key constitutional concepts, case law, and procedural requirements for legislative power, delegation, and executive branch appointments and removals.

Bicameralism

The requirement that any legislative action needs to pass through both houses of Congress (the House and the Senate).

Presentment Clause

Article I, Section $7$, Clauses $2$ and $3$, which require that every bill passed by the House and Senate be presented to the President for signature or veto.

Veto Override

The process by which Congress can override a presidential veto with a $\frac{2}{3}$ vote from both the House and the Senate.

Intelligible Principle

The standard set in Whitman v. American Trucking establishing that Congress may delegate authority if it provides a clear goal or guidance to which the person or body authorized to act is directed to conform.

Major Questions Doctrine

The rule from West VA v. EPA stating that if Congress intends to make a major delegation of its power to the executive branch, it must be clear that it is doing so.

Legislative Veto

A practice, ruled unconstitutional in INS v. Chadha, where the House or Senate acts alone to rescind actions taken by agencies without following the Article I, Section $7$ procedure.

Line-item Veto

A power conferring the ability to pick and choose specific parts of a bill to veto without vetoing the whole thing, ruled unconstitutional in Clinton v. NY.

Principal Officers

High-level officials such as ambassadors and justices who must be nominated by the President and appointed with the advice and consent of the Senate under Article II, Section $2$.

Inferior Officers

Officers whose appointment power Congress may vest in the President alone, the courts, or the heads of departments, often distinguished by having limited duties, tenure, and jurisdiction.

Officer vs. Employee

The distinction established in Lucia v. SEC, where individuals are considered officers if they exercise significant authority and their appointment is continuous.

Morrison Factors

Criteria used to identify inferior officers, including whether they have limited duties, are subject to removal by a higher official, have limited jurisdiction, and possess limited tenure.

Myers v. U.S.

The case holding that the President has the sole power to remove executive officers and that Congress cannot require the advice and consent of the Senate for such removals.

Humphrey's Executor v. U.S.

The case ruling that Congress can place for-cause removal provisions on members of boards or agencies that perform legislative and judicial functions, rather than purely executive functions.

Bowsher v. Synar

The case holding that Congress may not retain removal power over executive officers except by impeachment, as retaining such power amounts to unconstitutional control over law execution.

Seila Law v. CFPB

The case holding that Congress cannot place a for-cause removal limit on superior officers who are single heads of agencies exercising substantial executive power.

Nondelegation Doctrine

The principle that Congress cannot delegate its sole lawmaking ability to the Executive; the Gundy dissent suggests strengthening this doctrine to prevent Congress from evading the Article I process.

Recess Appointments

An exception in Article II, Section $2$ allowing the President to appoint officers when Congress is out of session.