Vesting Clauses

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In

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]

Legislative Vesting Clause

Text

Article I, Section 1:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Executive Vesting Clause

Text

Article II, Section 1, Clause 1:

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:[...]

Judicial Vesting Clause

Text

Article III, Section 1:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

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