The United State Supreme Court Essay

1233 Words Nov 19th, 2015 null Page
The United State Supreme Court often must discern the intention of the framers in the vague text of the U.S. Constitution. These discretionary powers lead to varying judgements and opinions of highly regarded principles in the formation of the Nation. Among these principles lies the separation of powers. Montesquieu, in The Spirit of the Laws (1748), states:
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. p. 199
This doctrine emphasizes the detrimental effects of a violation of such separation of powers going without remedy, though many are dubious of the Supreme Court’s allowance of such violations in Morrison v. Olson (1988). On the contrary, the court recognized the separation of powers violation in the case of Bowsher v. Synar (1986). The perspicacity applied to the varying facts and understandings of the principles, such as defining officers and powers, led to the differing judgements in these cases.
Bowsher v. Synar (1986)
Bowsher v. Synar, argued in 1986, disputed the constitutionality of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). This act appointed the Comptroller General of the United States to control the process of meeting federal budget deficit maximums in the event that Congress could not…

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