Vested by Bob Serrao www.intodaysenglish.com
The Framers of the Constitution chose the word vested to describe the manner in which powers are assigned to the United States government and to its three branches (Legislative, Executive and Judicial):
“…vested in a Congress…” Article One, Sec 1 “…vested by this Constitution …” Article One, Sec 8 “…vested in a President…” Article Two, Sec 1 “…vested in a Supreme Court…” Article Three, Sec 1
Technically, vested means permanently placed, or fixed. Legislative powers (Article One, Sec 8) are permanently placed in Congress, and no other branch of government or level of government may exercise congressional powers. Similarly, Executive Powers (Article Two) are permanently placed in the office of the President, and Judicial Powers (Article Three) are permanently placed in the federal courts. Thus, vesting is a vital part of the Doctrine of Separation of Powers.
Permanently placed powers make the Officer powerful, not the reverse. All United States Officers are duty-bound to exercise those powers and responsible to the People by virtue of their Oath of Office. Vesting makes the Officer powerful; the Oath makes him/her accountable. Confusion results when Officers diminish or expand their constitutional powers to allow non-constitutional legislation and influences.
Symbolically, We The People hold forth a snugly fitted vesture of power to the duly elected who “step into a performance of their duties,” Article Two, Sec 1. The Officer is di-vested of power by expired term, resignation, impeachment, bad behavior or death.
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