Understood LearnTheLawOriginally Posted by LearnTheLaw
16 Am. Jur. 2d Constitutional Law § 97WASHINGTON (AP) — Before a unanimous Supreme Court weighed in, the White House had brushed off claims that President Barack Obama was exceeding his executive authority as just so much grousing from frustrated partisans.
Then, in a 9-0 decision Thursday, the high court ruled that at least in one case Obama had gone too far. http://news.yahoo.com/court-ruling-c...-politics.html
A court's adherence to the principle that acts of Congress are presumptively constitutional is guided by the court's understanding that when it is required to pass on the constitutionality of an act of Congress, the court assumes the gravest and most delicate duty it is called on to perform.
"Legislative power" is the power to make, alter, and repeal laws and to formulate legislative policy; and "executive power" is the power to put laws enacted by the legislature into effect.[16]
It is clear that the executive can neither encroach upon the functions of the legislature nor interfere in its duties;[17] neither can the executive discharge the functions of the legislature in any manner by so acting in his or her official capacity that his or her conduct is tantamount to a repeal,[18] enactment,[19] variance, or enlargement[20] of legislation. For instance, the separation of powers doctrine precludes the executive branch, in expending public
Various tests have been suggested for determining what are or what are not judicial powers. The protection of constitutional rights is a core function of the judiciary.[42] It is, of course, the ultimate prerogative of the judiciary to determine whether an act of Congress is consistent with the United States Constitution,[43] or to determine whether an act of a state legislature is consistent with the state's constitution,[44] and the power, under certain circumstances, to review decisions of the separate departments of government—judicial review—is an exclusive power of the judiciary.[45] Clearly and unarguably, the construction and interpretation of a constitution is a judicial function.[46]
It is the responsibility of the Supreme Court, not Congress, to define the substance of constitutional guarantees. Board of Trustees of University of Alabama v. Garrett, 531 U.S. 356, 121 S. Ct. 955, 148 L. Ed. 2d 866, 151 Ed. Law Rep. 35 (2001).
§ 260. Judicial functions, generally
The federal and state constitutions are the common sources of the power and authority of every court, and all questions concerning the jurisdiction of a court must be determined by those instruments,[38] with the exception of certain inherent powers which of right belong to all courts.[39] Therefore, unless the power or authority of a court to perform a contemplated act can be found in the constitution or the laws enacted thereunder, it is without jurisdiction and its acts are invalid.[40] At least in the absence of a textually demonstrable constitutional commitment of an issue to a coordinate political department, it is presumed by the United States Supreme Court that justiciable constitutional rights are to be enforced through the courts.[41]
The executive power is said by some to be more limited than the legislative powers, extending merely to the details of carrying into effect laws enacted by the legislature as they may be interpreted by the courts—the legislature having the power, except where limited by the Constitution itself, to stipulate what actions executive officers shall or shall not perform.[73] As are all of the three main branches of government,[74] the executive branch is independent of the other two.[75] However, unlike the monarchs of old, the President of the United States, though entitled to extreme deference in the conduct of his constitutional duties and obligations, is not above the law.[76] And in accordance with the general principle of the separation of powers, the executive department cannot generally usurp or exercise judicial[77] or legislative[78] power, and, by the same token, the executive power may not be encroached upon or interfered with by the judiciary.[79] It is as important to preserve and protect the powers of the executive branch of the government and its ability to function as it is to preserve and protect the other branches.[80]
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. http://www.lawandliberty.org/genwel.htmWASHINGTON (AP) - "The presidency dodged a bullet today," said John Cooney, “This decision could have been a lot worse", He said Obama will still leave his successors with more constricted authority to make recess appointments than he had when he came into office. "All his predecessors had been very careful not to risk the powers of the presidency on separation of powers litigation whenever they didn't have high assurances that they'd win," http://news.yahoo.com/court-ruling-c...-politics.html
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