sop Flashcards
USA
1787-Acceptance of Separation of Powers
•The legislature cannot exercise executive or judicial power and the executive can’t exercise the other two powers similarly the judiciary cannot exercise the other two powers.
distributive articles
distributive articles
first three articles of the US constitution called the distributive articles which define the structure and powers of the congress
Article 1; Section 1 of the US Constitution
vests all the legislative power in the Congress,
Article 2; Section 1 of the US Constitution
vest all the executive power in the President and,
Article 3; Section 1 of the US Constitution
vest all the Judicial power in the Supreme Court.
checks and balances
prevent any one branch of government from becoming too powerful. It also ensures that each branch has a check on the power of the others.
Congress can impeach the President, the President can veto laws passed by Congress, and the Supreme Court can strike down laws that it finds to be unconstitutional.
Youngstown Sheet & Tube Co. v. Sawyer
USA involved in Korean war
•President order secretary sawyer to order supply of steel for national defense or seize the private property.
Truman claimed that his actions were justified by his powers as Commander in Chief
President’s authority as Commander in Chief did not give him the power to seize private property without explicit congressional authorization.
President’s powers are not absolute and are subject to the Constitution and laws.
Nixon v. United States
House of Representatives had impeached federal judge Nixon, and the Senate held a trial to determine whether to remove him from office.
•Nixon challenged the Senate’s authority to try him, arguing that the Constitution’s “good behavior” requirement for federal judges meant that only another judge could try him.
Court held that the Senate’s authority to try impeachments was a political question and not subject to judicial review.
reaffirmed the separation of powers by confirming the Senate’s role in the impeachment process.
Myers v. United States,1926
President Woodrow Wilson removed Frank Myers, a postmaster first class, without seeking Senate approval. Myers sued, arguing that the President’s removal power was limited by a 1876 law that required the President to obtain Senate consent before removing postmasters.
the President’s power to remove executive branch officials is a “necessary concomitant of the executive power vested in him by the Constitution.”
decision gives the President broad power to remove executive branch officials, which can limit Congress’s ability to influence the executive branch
Seila Law v. Consumer Financial Protection Bureau
Seila Law, a law firm that provides debt-relief services, was investigated by the CFPB. Seila Law refused to comply with a civil investigative demand issued by the CFPB, arguing that the CFPB’s structure violated the separation of powers.
Supreme Court ruled in favor of Seila Law in a 5-4 decision that the CFPB’s structure gives the Director too much power and insulates the Director from presidential control.
UK
E- monarch
L- House of commons, House of lords
J- Courts
UK E
The Monarch: The United Kingdom is a constitutional monarchy, which means that the monarch (Prince Charles) is the head of state.
•Nominal and Symbolic head.
•The Prime Minister: The Prime Minister is the head of government and is usually the leader of the political party that has the most seats in the House of Commons
UK- L
House of Commons: Members of Parliament (MPs) are elected to the House of Commons by the public in general elections. The House of Commons plays a central role in making and passing laws, scrutinizing government actions, and representing the interests of the public.
•House of Lords: The House of Lords is made up of appointed and hereditary members, including life peers, bishops, and hereditary peers. It acts as a revising chamber, reviewing and suggesting amendments to legislation proposed by the House of Commons.
UK - J
Constitutional Reform Act,2005
•Lord Chancellor to Lord Chief justice
•Ministry of justice-Judicial commission
Constitutional Reform Act,2005
separate Supreme Court and the Lord Chief Justice replaced the Lord Chancellor as head of the Judiciary in England and Wales. It also placed a statutory duty on Ministers to uphold judicial independence