This website uses cookies to ensure you get the best experience on our website. Learn more

Someone recently bought our

students are currently browsing our notes.


Separation Of Powers Outline

Law Outlines > Constitutional Law: Fourteenth Amendment, Separation of Powers Outlines

This is an extract of our Separation Of Powers document, which we sell as part of our Constitutional Law: Fourteenth Amendment, Separation of Powers Outlines collection written by the top tier of Harvard Law School students. Review Now

The following is a more accessble plain text extract of the PDF sample above, taken from our Constitutional Law: Fourteenth Amendment, Separation of Powers Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Separation of Powers Courts & Executive
? Should there be a non-justiciable political question?
? Should court try to resolve these complicated issues?
? Should the court let other brances resolve the issues and not enter?
? Think about how the cases fit into the 14A...
Youngstown Sheet & Tube Co. v. Sawyer (1952)
? (Recall Marbury and declining advisory opinions; tone of S. Ct. to Prez)
? 6-3 Decision. Korean war, and steel mill strike
? Taft-Hartley bill rejected an amendment to give president emergency powers.
? Court on accelerated timeline: April 9 Strike -> May Argument -> June 2 decision
? Black Majority: 2 possible statutes but Truman used neither. No implied power for executive to seize private property during war time.. o Formalist interpretation of executive power and constitution.
? FFF Concurrence: more flexible account of constitutional interpretation. o Could be a "gloss" on Constitution if Congress hadn't been so explicit in rejecting the possibility.
? Jackson: Masterpiece of Constitutional law. o Functionalist, not formalist. o Judging calls for judgment. o Tri-parthied theory:
? (1) Cases in which the President was acting with express or implied authority from Congress
? (2) Cases in which Congress had thus far been silent
? (3) Cases in which the President was defying congressional orders
? Here, president acts with the lowest level of legitimacy.
? (PROF: Could arguably be #1 or #2 because Congress said nothing, and Truman asked) o Queasy about undeclared wars. o Points to other countries' systems. Worried about power grabs by executive.
? CJ Vinson Dissents: rejects "messenger boy" theory of executive power. Sees Truman in Jackson's category #2. United States v. Nixon (1974): 8-0 opinion
? Criminal case, subpoena on President Nixon. Claims executive privilege (Aids have to be honest/open in their job)
? Branches cannot share power: the judiciary and executive have explicit domains. [Is that actually true?]
? Executive privilege not in Constitution, but relates to executive's power and can be Constitutionally based o Is it absolute or qualified? Subject to judicial review?

Buy the full version of these notes or essay plans and more in our Constitutional Law: Fourteenth Amendment, Separation of Powers Outlines.