National Emergency: Constitutional questions concerning emergency powersU.S. Government Printing Office, 1973 - War and emergency powers |
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Page 733
... held regulations to be invalid for one reason or another , but I don't think that the purpose was to determine whether it was legal . The purpose was to determine what it was . Senator CHURCH . Doesn't it follow if the citizen doesn't ...
... held regulations to be invalid for one reason or another , but I don't think that the purpose was to determine whether it was legal . The purpose was to determine what it was . Senator CHURCH . Doesn't it follow if the citizen doesn't ...
Page 735
... held , that notice be given of such hearings and it might take quite a while before a particular regulation could be repealed . Senator HART . That was really what I was trying to find out . Is the delay for hearing the result of a ...
... held , that notice be given of such hearings and it might take quite a while before a particular regulation could be repealed . Senator HART . That was really what I was trying to find out . Is the delay for hearing the result of a ...
Page 737
... , where the Supreme Court held that the Presi- dent could not remove the Commissioner because it was an independ- ent agency — not directly under the President's authority . So , I don't think any sweeping black - and 737.
... , where the Supreme Court held that the Presi- dent could not remove the Commissioner because it was an independ- ent agency — not directly under the President's authority . So , I don't think any sweeping black - and 737.
Page 777
... held on the detailed affidavits and briefs filed by the parties . The Court determined that the case was in proper posture for a determination on the merits at that time . All injunctive relief requested in the proposed preliminary ...
... held on the detailed affidavits and briefs filed by the parties . The Court determined that the case was in proper posture for a determination on the merits at that time . All injunctive relief requested in the proposed preliminary ...
Page 780
... held that an Executive department may not discharge one of its officers in a manner inconsistent with its own regulations concerning such dis- charge . See Vitarelli v . Seaton , 359 U.S. 535 ( 1959 ) ; Service v . Dulles , supra . The ...
... held that an Executive department may not discharge one of its officers in a manner inconsistent with its own regulations concerning such dis- charge . See Vitarelli v . Seaton , 359 U.S. 535 ( 1959 ) ; Service v . Dulles , supra . The ...
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Common terms and phrases
49 Stat act of Congress agency amended appointment approval Article Attorney authority Barreme clause Commander in Chief CONG CONGRESS THE LIBRARY congressional contract Dean Griswold decision declaration DELEGATED LEGISLATION delegations documents duty enacted enforce established Ex parte Merryman Ex parte Milligan executive branch executive department executive officers Executive orders executive power exercise faithfully executed Federal Register Act filing force function grant gress GRISWOLD habeas corpus House inferior officers issued judicial Justice laws be faithfully legislative power LIBRARY OF CONGRES LIBRARY OF CONGRESS limited matter ment military Myers national emergency nondiscrimination order or proclamation ORDERS AND PROCLAMATIONS Postmaster power of removal prescribed President Presidential power printed provisions published pursuant question repeal RICHARDSON rules and regulations Secretary seizure Senator CHURCH Senator MATHIAS Special Committee Special Prosecutor specific statute statutory rules Supreme Court terminate tion United valid vested Watergate Youngstown
Popular passages
Page 785 - The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. Section 3. He shall from time to time give to the congress information of the state of the Union...
Page 896 - Without admitting that such an act was necessary under the circumstances, it is plain that if the President had in any manner assumed powers which it was necessary should have the authority or sanction of Congress, that on the...
Page 784 - Postmasters of the first, second and third classes shall be appointed and may be removed by the President by and with the advice and consent of the Senate and shall hold their offices for four years unless sooner removed or suspended according to law.
Page 858 - The form of proceeding for judicial review shall be any special statutory review proceeding relevant to the subject matter in any court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action (including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus) in any court of competent jurisdiction.
Page 889 - The enumeration ought therefore to be considered, as intended merely to specifiy the principal articles implied in the definition of executive power; leaving the rest to flow from the general grant of that power, interpreted in conformity with other parts of the constitution and with the principles of free government. The general doctrine of our constitution then is, that the executive power of the nation is vested in the president; subject only to the exceptions and qualifications, which are expressed...
Page 891 - Each public officer, who takes an oath to support the constitution, swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the house of representatives, of the senate, and of the President, to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval, as it is of the supreme judges, when it may be brought before them for judicial decision.
Page 789 - The ordinary duties of officers prescribed by statute come under the general administrative control of the President by virtue of the general grant to him of the executive power, and he may properly supervise and guide their construction of the statutes under which they act in order to secure that unitary and uniform execution of the laws which Article II of the Constitution evidently contemplated in vesting general executive power in the President alone.
Page 785 - Secretary to be appointed by the President by and with the advice and consent of the Senate, and to be removable by the President.
Page 771 - Proclamations calling for the observance of special days or events. Except as may be otherwise provided by law, responsibility for the preparation and presentation of proposed proclamations calling for the observance of special days, or other periods of time, or events shall be assigned by the Director of the Bureau of the Budget [now Office of Management and Budget] to such agencies as he may consider appropriate.
Page 896 - If it were necessary to the technical existence of a war, that it should have a legislative sanction, we find it in almost every act passed at the extraordinary session of the legislature of 1861, which was wholly employed in enacting laws to enable the government to prosecute the war with vigor and efficiency.