Separation of Powers
Constitutional Law · Lesson 03
Separation of Powers
這一課問的是：某一部門是否逾越自身權限、侵犯了另一部門之憲法權力？
Actor
Act
Object
Standard
Consequence
Visual Scene · the picture in your head
Issue. Has one branch exceeded its constitutional role by intruding on another's powers?
這一課問的是：某一部門是否逾越自身權限、侵犯了另一部門之憲法權力？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
separation of powers
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Vertical division of federal power into three branches.
三權分立。
Youngstown framework
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Jackson's three zones — congressional authorization, silence, or opposition.
Youngstown 三區。
appointments power
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President nominates; Senate confirms officers.
任命權。
removal power
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President may remove most executive officers; limited for officers performing quasi-judicial functions.
免職權。
legislative veto
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One-house resolutions invalid under INS v. Chadha.
立法否決：依 Chadha 無效。
non-delegation
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Congress may delegate only with intelligible principle.
禁授原則。
political accountability
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Branches should not blur lines that voters need to assign blame.
政治責任性。
Issue · what this lesson is really about
Has one branch exceeded its constitutional role by intruding on another's powers?
這一課問的是：某一部門是否逾越自身權限、侵犯了另一部門之憲法權力？
Trigger words & phrases that should flag this issue:
executive ordervetoappointmentexecutive privilegeimpoundmentexecutive action
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply Youngstown | Where Congress authorizes, executive power is at its maximum (Zone 1). | Zone 1：權力最大。 |
| Identify Zone 3 | Where Congress prohibits, presidential power is at its lowest ebb. | Zone 3：權力最低。 |
| Apply Chadha | A one-house veto violates bicameralism and presentment. | One-house veto 違反兩院制與呈遞。 |
| Apply removal limits | Congress may limit removal of officers exercising quasi-judicial functions. | 國會可限制準司法官員之免職。 |
| Apply non-delegation | Congress must provide an intelligible principle guiding delegation. | 國會須提供可理解之原則。 |
Rule Sentence · the workhorse
The Constitution vests legislative power in Congress, executive power in the President, and judicial power in the courts; one branch impermissibly exceeds its role when it usurps powers reserved to another, particularly under the Youngstown framework analyzing congressional authorization, silence, or opposition.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人one of the three branches三權之一
Act 行為exercising a power行使權力
Object 對象matter touching another branch觸及他部門事項
Standard 法律標準constitutional allocation + Youngstown憲法分配 + Youngstown
Consequence 後果action upheld or void行為合憲 或 無效
Casebook Snapshot · a real American case
Youngstown Sheet & Tube Co. v. Sawyer
Holding. President Truman's seizure of steel mills during the Korean War was unconstitutional. Justice Jackson's concurrence established the three-zone framework: (1) presidential power maximum when authorized by Congress; (2) twilight zone when Congress is silent; (3) presidential power at lowest ebb when Congress has prohibited the action. Truman acted in Zone 3.
Why it matters. Youngstown's three zones are the master frame for analyzing presidential power. Zone 3 is fatal.
Youngstown 三區為總統權力分析之主框架；Zone 3 通常致命。
Common Mistakes · what trips students
✗ 總統可主張 inherent power 推翻 Congress。
✓ Youngstown Zone 3: presidential power at its lowest.
Zone 3 中總統權力最低。
✗ Congress 可以隨意 delegate 立法權。
✓ Non-delegation requires intelligible principle.
禁授要求可理解原則。
✗ 總統可任意免任何 executive officer。
✓ Removal limits exist for officers performing quasi-judicial / quasi-legislative work.
準司法/準立法之免職有限制。
Mini IRAC · build the Application
Issue. Did the President exceed his constitutional authority when he ordered seizure of private steel mills during wartime, where Congress had earlier rejected such authority?
Rule. Under Youngstown, presidential power is at its lowest ebb when the President acts contrary to the express or implied will of Congress.
Application (model). Congress had considered and rejected the power to seize industrial plants when enacting the Taft-Hartley Act; the President then ordered seizure of the steel mills anyway. Because Youngstown Zone 3 places presidential power at its lowest ebb where Congress has rejected the asserted authority, the fact that Congress had explicitly considered and declined to authorize seizure means the President's action falls into Zone 3.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the seizure exceeds presidential authority and is unconstitutional.
MBE Check · multiple choice
Congress passes a statute providing that a single-house resolution of either House may veto any agency rule on agency promulgation. Is the statute constitutional?
Mini Essay · write the Application paragraph
Facts. Congress passes a comprehensive immigration statute. The President, citing inherent foreign-affairs power, issues an executive order suspending the statute's enforcement against a particular country, contrary to a specific provision of the statute prohibiting such suspension.
Call. Is the executive order constitutional?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: