Tag: Executive Establishment
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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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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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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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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…
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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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Loyalty Issue
The Loyalty IssueBy section 9A of the Hatch Act of 1939, a federal employee was disqualified from accepting or holding any position in the Federal Government or the District of Columbia if he belonged to an organization that he knew advocated the overthrow of our constitutional form of government.<a…
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Myers Case
The Myers CaseHowever much the two arguments are still subject to dispute, Chief Justice Taft, himself a former President, appears in Myers v. United States 1 to have carried a majority of the Court with him in establishing the Hamiltonian conception…
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Nomination
Nomination ( Executive Establishment and Treaties)The Constitution appears to distinguish three stages in appointments by the President with the advice and consent of the Senate. The first is the "nomination" of the candidate by the President alone; the second is the assent of the Senate t…
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Office
Office"An office is a public station, or employment, conferred by the appointment of government. The term embraces the ideas of tenure, duration, emolument, and duties." 1 ResourcesNotes and ReferencesThis text about <a href="h…
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Inferior Officers
Inferior Officers (Removal Power, Executive Establishment and Treaties)In the case of inferior officers, Congress may "limit and restrict the power of removal as it deems best for the public interest," 1 and when Congress has vested the pow…
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Duties of an Officer
Legislation Increasing Duties of an OfficerFinally, "Congress may increase the powers and duties of an existing office without thereby rendering it necessary that the incumbent should be again nominated and appointed." 1 Such legislation do…
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Financial Disclosure
Financial Disclosure and Limitations ( Executive Establishment and Treaties)The Ethics in Government Act of 1978 1 requires high-level federal personnel to make detailed, annual disclosures of their personal financial affairs.<a name=t2 href=#f2 targ…
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Humphrey Case
The Humphrey Case (Removal Power, Executive Establishment and Treaties)The material element of Humphrey's Executor was that Humphrey, a member of the Federal Trade Commission, was on October 7, 1933, notified by President Roosevelt that he was "removed" from office, the reason being th…
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Congressional Regulation of Conduct
Congressional Regulation of Conduct in OfficeCongress has very broad powers in regulating the conduct in office of officers and employees of the United States, and this authority extends to regulation of political activities. By an act passed in 1876, it prohibited "all executive officers or em…