Vesting Clauses


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][additional citation(s) needed]

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