Separation of powers Antonin Scalia

the 2009–2010 court, president barack obama, vice president joe biden , retiring justice david souter scalia fourth right

it scalia s view clear lines of separation among legislative, executive, , judicial branches follow directly constitution, no branch allowed exercise powers granted branch. in days on court, authored powerful—and solitary—dissent in 1988 s morrison v. olson, in court s majority upheld independent counsel law. scalia s thirty-page draft dissent surprised justice harry blackmun emotional content; blackmun felt cut down ten pages if scalia omitted screaming . scalia indicated law unwarranted encroachment on executive branch legislative. warned, issue of sort come before court clad, speak, in sheep s clothing ... wolf comes wolf .

the 1989 case of mistretta v. united states challenged united states sentencing commission, independent body within judicial branch members (some of whom federal judges) removable cause. petitioner argued arrangement violated separation of powers , united states sentencing guidelines promulgated commission invalid. 8 justices joined in majority opinion written blackmun, upholding guidelines constitutional. scalia dissented, stating issuance of guidelines lawmaking function congress not delegate , dubbed commission sort of junior-varsity congress .

in 1996, congress passed line item veto act, allowed president cancel items appropriations bill (a bill authorizing spending) once passed law. statute challenged following year. matter rapidly reached supreme court, struck down law violating presentment clause of constitution, governs president permitted bill once has passed both houses of congress. scalia dissented, seeing no presentment clause difficulties , feeling act did not violate separation of powers. scalia indicated felt authorizing president cancel appropriation no different allowing him spend appropriation @ discretion, had long been accepted constitutional.