Executive Orders and Proclamations: A Study of a Use of Presidential PowersU.S. Government Printing Office, 1957 - Всего страниц: 214 |
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Стр. iii
... proclamations and some of the basic legal and constitutional aspects of Presidential power involved in the use of such orders and proclamations . Part II is devoted primarily to the analysis and tabulation of Executive orders in the ...
... proclamations and some of the basic legal and constitutional aspects of Presidential power involved in the use of such orders and proclamations . Part II is devoted primarily to the analysis and tabulation of Executive orders in the ...
Стр. v
... proclamations ... . Part I. Executive orders and proclamations and the Presidential powers involved- A. Constitutional and statutory bases of Executive orders and proc- lamations : 1. What is an Executive order or proclamation ?. Page ...
... proclamations ... . Part I. Executive orders and proclamations and the Presidential powers involved- A. Constitutional and statutory bases of Executive orders and proc- lamations : 1. What is an Executive order or proclamation ?. Page ...
Стр. vii
... proclamations is impossible . The subject matter of each order or proclamation must be ascertained from an examination of the order or proclamation itself . The au- thority for its issuance is ordinarily stated in the document . 2. The ...
... proclamations is impossible . The subject matter of each order or proclamation must be ascertained from an examination of the order or proclamation itself . The au- thority for its issuance is ordinarily stated in the document . 2. The ...
Стр. viii
... proclamation or otherwise and thereby make some provision of law operative , or to suspend the operation of certain provisions of law . 9. The nature and limitations of Executive power have been a matter of controversy from the very ...
... proclamation or otherwise and thereby make some provision of law operative , or to suspend the operation of certain provisions of law . 9. The nature and limitations of Executive power have been a matter of controversy from the very ...
Стр. 2
... proclamations specifically are concerned primarily with matters of publication notice , and evidence . Section 30 of title 1 of ... proclamation shall first be Section 4 of the Federal Register Act defines the term 2 EXECUTIVE ORDERS AND ...
... proclamations specifically are concerned primarily with matters of publication notice , and evidence . Section 30 of title 1 of ... proclamation shall first be Section 4 of the Federal Register Act defines the term 2 EXECUTIVE ORDERS AND ...
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48 Stat 56 Stat 64 Stat act of Congress action Administration Agency Amended by Executive amended by sec Amending Executive Order Appropriation Act Armed Forces Army and Navy Board to Investi Civil Service Rules clause Commander in Chief Committee Constitution and laws Creating an Emergency declaration Defense Production Act DELEGATING District duty Emergency Board Employees end of table executive power Exemption exercise faithfully executed footnotes at end Functions gate a Dispute grant habeas corpus Hawaiian Organic Act Inspection of Income issued Jackson July June Jurisdiction ment Mutual Security Act National opinion orders and proclamations President Presidential power Providing Puerto Rico Reservation Restoring Certain Lands Retirement for Age Revoked by Executive Secretary seizure Selective Service Selective Service Act Sept Statute Statute 15 statutory Superseded by Executive Supreme Court suspend Territory of Hawaii tion tive Order Transferring treaties United vessels vested
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Стр. 13 - It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations...
Стр. 17 - 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...
Стр. 24 - ex majore cautela" and in anticipation of such astute objections, passing an act "approving, legalizing, and making valid all the acts, proclamations, and orders of the President, etc., as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Стр. 13 - It results that the investment of the federal government with the powers of external sovereignty did not depend upon the affirmative grants of the Constitution. The powers to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties, if they had never been mentioned in the Constitution, would have vested in the federal government as necessary concomitants of nationality.
Стр. 13 - As a result of the separation from Great Britain by the colonies acting as a unit, the powers of external sovereignty passed from the Crown not to the colonies severally, but to the colonies in their collective and corporate capacity as the United States of America.
Стр. 19 - 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.
Стр. 30 - The Founders of this Nation entrusted the law-making power to the Congress alone in both good and bad times. It would do no good to recall the historical events, the fears of power and the hopes for freedom that lay behind their choice. Such a review would but confirm our holding that this seizure order cannot stand.
Стр. 23 - To state the question more directly, are all the laws but one to go unexecuted, and the Government itself go to pieces, lest that one be violated ? Even in such a case, would not the official oath be broken, if the Government should be overthrown, when it was believed that disregarding the single law would tend to preserve it?
Стр. 24 - 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.
Стр. 20 - As commanderin-chief, he is authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy. He may invade the hostile country, and subject it to the sovereignty and authority of the United States.