Vesting Clauses Explained

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

See main article: Legislative Vesting Clause.

Text

Article I, Section 1

Executive Vesting Clause

See main article: Executive Vesting Clause.

Text

Article II, Section 1, Clause 1

Judicial Vesting Clause

See main article: Judicial Vesting Clause.

Text

Article III, Section 1

External links

Notes and References

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