IX. Separation of Powers

Question 1

Jackson’s Zones

Answer 1

1) ​Highest ebb​: President exercises power ​in accordance​ with the express or
implied authorization of Congress ■ Executive action allowed
○ 2) ​Twilight Zone​: Congress has ​not acted​ to authorize or forbid conduct (maybe they’ve considered but haven’t put legislation to vote)
■ Depends on SoP considerations
○ 3) ​Lowest ebb​: President exercises power ​in conflict​ with the express or implied
will of Congress
■ Executive not action allowed
○ Determining Congressional Intent​ - if not expressly stated, is it implied by prior Congressional enactments?

Question 2

Historical Gloss

Answer 2

Long standing tradition or acquiesce by congress to execute power by the president.

Question 3

Test for Congressional Delegation of Powers

Answer 3

1. Bicameralism + presentment
2. Nondelegation doctrine must be followed
3. May not go against separation of powers doctrine
4. Must follow the constitutions Appointment/removal Procedures

Question 4

Nondelegation Doctrine

Answer 4

Congress must define the limits of the power of the agency so that it does not violate congress vested legislative power.

Question 5

Federal Agencies

Answer 5

For congress to create a federal agency it must not violate any of these four requirements:

1. The Intelligible Principle Doctrine (Nondelegation)
2. Appointment and Removal Procedures
3. Bicameralism & Presentment
4. Separation Of Powers

Question 6

Separation Of Powers

Answer 6

may be violated when one branch of the government aggrandizes​ its power at the expense of the other branches of the government OR when a branch is limited in its ability to guard against ​encroachments​ by the other branches of government

Question 7

Aggrandizement

Answer 7

branch takes on greater powers

Question 8

Encroachments​

Answer 8

weaking another branch’s powers