Tag: Appointment of Officers
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Termination of Treaties by Notice
Termination of Treaties by NoticeTypically, a treaty provides for its termination by notice of one of the parties, usually after a prescribed time from the date of notice. Of course, treaties may also be terminated by agreement of the parties, or by breach by one of the parties, or by some other mea…
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Treaties and Congress
Treaties and CongressIn the Convention, a proposal to require the adoption of treaties through enactment of a law before they should be binding was rejected.1 But the years since have seen numerous controversies with regard to the duties and obligati…
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Treaties and the States
Treaties and the StatesAs it so happened, the first case in which the Supreme Court dealt with the question of the effect of treaties on state laws involved the same issue that had prompted the drafting of Article VI, paragraph 2. During the Revolutionary War, the Virginia legislature provided that …
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Treaties Versus Prior Acts of Congress
Treaties Versus Prior Acts of CongressThe Court has enforced numerous statutory provisions that it recognized as superseding prior treaty engagements. Chief Justice Marshall asserted that the converse would be true as well 1 -that a treaty that is sel…
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Treaties
Treaties, Alliances, or Confederations (Powers Denied to the States)At the time of the Civil War, the Court relied on the prohibition on treaties, alliances, or confederations in holding that the Confederation formed by the seceding states could not be recognized as having any legal existence.<a nam…
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Treaty as a Political Question
Status of a Treaty as a Political QuestionIt is clear that many questions which arise concerning a treaty are of a political nature and will not be decided by the courts. In the words of Justice Curtis in Taylor v. Morton: 1 It is not "a judicia…
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Treaty Negotiation
Negotiation, a Presidential MonopolyActually, the negotiation of treaties had long since been taken over by the President; the Senate's role in relation to treaties is today essentially legislative in character.1 "He alone negotiates. Into t…
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Watergate Controversy
The Watergate Controversy (Removal Power, Executive Establishment and Treaties)A dispute arose regarding the discharge of the Special Prosecutor appointed to investigate and prosecute violations of law in the Watergate matter. Congress vested in the Attorney General the power to conduct the criminal…
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Wiener Case
The Wiener Case (Removal Power, Executive Establishment and Treaties)Curtailment of the President's power of removal, so liberally delineated in the Myers decision, was not to end with the Humphrey case. Unresolved by the latter was the question whether the President, absent a provision expressl…
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Senate Consent
When Senate Consent Is Complete ( Executive Establishment and Treaties)Early in January, 1931, the Senate requested President Hoover to return its resolution notifying him that it advised and consented to certain nominations to the Federal Power Commission. In support of its action the Senate invoke…
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Presidential Diplomatic Agents
Presidential Diplomatic AgentsWhat the President may have lost in consequence of the intervention of Congress in this field of diplomatic appointments, he has made good through his early conceded right to employ, in the discharge of his diplomatic function, so-called "special," "perso…
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Reciprocal Trade Agreements
Reciprocal Trade AgreementsThe most copious source of executive agreements has been legislation which provided authority for entering into reciprocal trade agreements with other nations. 1 Such agreements in the form of treaties providing for the rec…
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Removal Power Rationalized
The Removal Power Rationalized (Removal Power, Executive Establishment and Treaties)The tension that had long been noticed between Myers and Humphrey's Executor, at least in terms of the language used in those cases but also to some extent in their holdings, appears to have been ameliorated by t…
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Self-Executing Treaty
When Is a Treaty Self-ExecutingSeveral references have been made above to a distinction between treaties as self-executing and as merely executory, in which case they are enforceable only after the enactment of "legislation to carry them into effect." <a name=t1 href=#f1 target="_self…
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Senate Approval
Senate Approval ( Executive Establishment and Treaties)The fact that the power of nomination belongs to the President alone prevents the Senate from attaching conditions to its approval of an appointment, such as it may do to its approval of a treaty. In the words of an early opinion of the Attorney…