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Constitutional Law Keyed to Cohen
Bowsher v. Synar
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Respondents, Congressman Synar and the National Treasury Employees Union, challenged the constitutionality of Congress’ assignment of certain functions to the Comptroller General under the Gramm-Rudman-Hollings Act (“Act”). Respondents claimed that it violated the doctrine of separation of powers. The Act consisted of a three-tiered procedure to control spending. The Comptroller General is nominated by the President and removable only by impeachment or by joint resolution of Congress. A three-judge district court held that the Act was unconstitutional because it imposed executive functions on the Comptroller General and that those functions could not be exercised by an officer removable by Congress.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
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