Separation of Powers

Question 1

What does the Nondelegation Doctrine state?

Answer 1

Congress may not delegate its legislative power without providing an intelligible principle to guide the agency or executive officials’ exercise of discretion. (Art. I, §1)

Question 2

What was the holding in Whitman v. American Trucking?

Answer 2

The Clean Air Act gave the EPA a clear intelligible principle (“requisite” air quality standards), so the delegation was constitutional.

Question 3

What are the constitutional requirements of the legislative process?

Answer 3

Bicameralism – Approval by both House and Senate.
2. Presentment – The bill must be presented to the President for approval. (Art. I, §7)

Question 4

What did INS v. Chadha rule about legislative vetoes?

Answer 4

Legislative vetoes are unconstitutional because they bypass bicameralism and presentment, violating separation of powers.

Question 5

What was the result in Clinton v. New York?

Answer 5

The Line Item Veto Act was unconstitutional. The President cannot unilaterally amend or repeal parts of statutes without going through the full legislative process.

Question 6

Who can appoint inferior officers under Article II?

Answer 6

Congress may vest their appointment in the President alone, Courts of Law, or Heads of Departments. (Art. II, §2, Cl. 2)

Question 7

What’s the distinction between an “officer” and a “mere employee”? (Lucia v. SEC)

Answer 7

1. Officers hold a continuing office created by law.
   
   2. They exercise significant authority/discretion under U.S. laws.
      → ALJs are officers.

Question 8

What did Myers v. United States decide about removal power?

Answer 8

The President has exclusive power to remove purely executive officers without Senate consent.

Question 9

How did Humphrey’s Executor v. U.S. limit Myers?

Answer 9

Held that Congress can limit the President’s removal power for officers in quasi-legislative or quasi-judicial agencies like the FTC.

Question 10

Why was the removal provision in Bowsher v. Synar unconstitutional?

Answer 10

Congress cannot retain removal power over an official (Comptroller General) with executive functions. Violates separation of powers.

Question 11

In Morrison v. Olson, why was the Independent Counsel upheld as constitutional?

Answer 11

IC was an inferior officer:
* Limited in tenure, jurisdiction, duties
* Removable by a higher executive official (AG)

Question 12

What did Seila Law v. CFPB hold about single-director independent agencies?

Answer 12

A for-cause removal restriction for a powerful single-director agency violates separation of powers. President must have removal power.