Separation of Powers

Separation of Powers

Overview of Separation of Powers

  • Separation of Powers is a core constitutional principle alongside Federalism and Civil Liberties.

  • It delineates the powers of the three branches of government: Executive, Legislative, and Judicial.

Key Concepts Discussed

  • Judicial Review: Established in Marbury v. Madison.

  • Legislative Powers: Defined through McCulloch v. Maryland and the Necessary and Proper Clause.

  • Executive Powers: Examined through cases like In re Neagle.

Ambiguities in Power

  • Discussion on the clarity of powers among branches and the “Political Question” doctrine.

  • Investigates if powers can be shared or uniquely created within branches.

Domestic Power Issues

Congressional Usurpation

  • Sometimes Congress enacts legislation that infringes on the powers of other branches.

  • INS v. Chadha (1983): Congress overstepping by giving itself veto power over executive decisions.

  • Zivotofsky v. Kerry (2015): Supreme Court ruling that only the President can recognize foreign powers.

Usurpation of Judicial Power

  • Employment Division v. Smith (1990) led to the RFRA, complicating judicial power with religious practice scrutiny.

  • City of Boerne v. Flores (1997) reaffirmed that it is up to the Court, not Congress, to determine constitutional rights under the 14th Amendment.

Congressional Delegation

The Constitution on Delegation

  • The Constitution does not explicitly prohibit delegation by Congress.

  • Delegation is often necessary due to time constraints and expertise.

Judicial Endorsement of Delegation

  • Mistretta v. U.S (1989): The Court upheld Congress’s delegation of power to set federal sentencing guidelines.

  • Whitman v. American Trucking Assoc. (2001): Upheld delegation of national air quality standards to EPA.

Presidential Power During War

Quick Action in Emergencies

  • Presidents often act unilaterally in war; courts later assess constitutional validity.

  • Historical examples include The Prize Cases (1863) validating presidential actions without prior Congressional declaration.

War Powers Resolution (1973)

  • Attempts to regulate presidential war powers through mandatory Congressional consultation and troop withdrawal timelines.

  • Debates ongoing about compliance and effectiveness.

Key Court Cases Regarding War Powers

  • Youngstown Sheet & Tube Co. v. Sawyer (1952): President’s seizure of steel industry deemed unconstitutional due to lack of statutory authority.

  • Ex Parte Milligan (1866): Military tribunals cannot try civilians when courts are functioning.

  • Hamdan v. Rumsfeld (2006): Military commissions established without legal basis; highlighted issues with evidentiary standards and Geneva Convention violations.

  • Hamdi v. Rumsfeld (2004): Citizens as enemy combatants upheld, but guaranteed rights to legal counsel and access to courts.