POLSCI 389 Study Guide - Midterm Guide: Nondelegation Doctrine, Bicameralism, John Yoo
17 Feb 2018
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Separation/delegation of powers: why do we have separation of powers in our system, after the revolutionary war, the founders wanted to preserve the hard won liberties. Recognition that under the articles of confederation the lack of strong central power was problematic when dealing with national problems. Recognition that there needed to be substantial power placed in a central government. Vertically and horizontally (between 3 branches and within those branches) Bicameral legislature: make sure is not accumulating in too few hands, created 3 separate, independent bases of authority, different actors and different dynamics within these branches. Political philosophy: accumulation of power of legislative, executive, and judicial power = definition of tyranny: the hamdan case dealt with a violation of separation of powers when president. Bush exercised powers that were not his under the constitution. Framers conferred authority and responsibility (for that action) with the delegation of powers: non-delegation doctrine:
