Vesting Clauses
Encyclopedia
The Vesting clauses refer to provisions in Article I
, Section 1; Article II
, Section 1, Clause 1; and Article III
, Section 1 of the United States Constitution
. These vest the legislative, executive, and judicial powers in the Congress, President, and federal judiciary (the Supreme Court and the then-uncreated inferior courts), respectively. The Constitution thus explicitly creates a clear Separation of powers
in the federal government
.
Article II, Section 1, Clause 1:
Article III, Section 1:
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, Section 1; Article II
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
, Section 1, Clause 1; and Article III
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
, Section 1 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. These vest the legislative, executive, and judicial powers in the Congress, President, and federal judiciary (the Supreme Court and the then-uncreated inferior courts), respectively. The Constitution thus explicitly creates a clear Separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
in the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
.
Text
Article I, Section 1:Article II, Section 1, Clause 1:
Article III, Section 1: