Constitutional US Law

Tag: Law Enforcement

  • Habeas Corpus

    Suspension of Habeas Corpus by the PresidentSee Article I, § 9.ResourcesNotes and ReferencesThis text about Habeas Corpus is based on "The Constitution of the United States…

  • Unofficial Conduct

    Unofficial Conduct (Presidential Immunity)In Clinton v. Jones,1 the Court, in a case of first impression, held that the President did not have qualified immunity from civil suit for conduct alleged to have taken place prior to his election, and there…

  • President's Subordinates

    The President's Subordinates (Presidential Immunity)While the courts may be unable to compel the President to act or to prevent him from acting, his acts, when performed, are in proper cases subject to judicial review and disallowance. Typically, the subordinates through whom he acts may be sued…

  • Presidential Immunity

    Presidential Immunity From Judicial DirectionIn Mississippi v. Johnson,1 in 1867, the Court placed the President beyond the reach of judicial direction, either affirmative or restraining, in the exercise of his powers, whether constitutional or statu…

  • Presidential Monopoly

    The Presidential MonopolyWrote Jefferson in 1790: "The transaction of business with foreign nations is executive altogether. It belongs, then, to the head of that department, except as to such portions of it as are specially submitted to the Senate. Exceptions are to be construed strictly.&quot…

  • Presidential Policies

    Congressional Implementation of Presidential PoliciesNo President was ever more jealous of his prerogative in the realm of foreign relations than Woodrow Wilson. When, however, strong pressure was brought to bear upon him by Great Britain respecting his Mexican Policy, he was constrained to go befor…

  • Preventive Martial Law

    Preventive Martial Law (Presidential Duties and Powers)The question of executive power in the presence of civil disorder is dealt with in modern terms in Moyer v. Peabody,1 to which the Debs case 2 ma…

  • Protection of American Rights

    Protection of American Rights of Person and Property AbroadIn 1854, one Lieutenant Hollins, in command of a United States warship, bombarded the town of Greytown, Nicaragua because of the refusal of local authorities to pay reparations for an attack by a mob on the United States consul.<a name=t1 hr…

  • Recent Statements of the Doctrine

    Recent Statements of the DoctrineThe assumption underlying the refusal of courts to intervene in cases involving conduct of foreign relations is well stated in Chicago & S. Air Lines v. Waterman S.S. Corp.1 Here, the Court refused to review orders of…

  • Right of Reception

    The Right of Reception: Scope of the Power"Ambassadors and other public ministers" embraces not only "all possible diplomatic agents which any foreign power may accredit to the United States," 1 but also, as a practical constructi…

  • Seizure Doctrine

    The Doctrine ConsideredThe pivotal proposition of the opinion of the Court is that, inasmuch as Congress could have directed the seizure of the steel mills, the President had no power to do so without prior congressional authorization. To this reasoning, not only the dissenters but Justice Clark, in…

  • Seizure Power

    Power Denied by CongressJustice Black's opinion of the Court in Youngstown Sheet and Tube Co. v. Sawyer notes that Congress had refused to give the President seizure authority and had authorized other actions, which had not been taken.1 This stat…

  • Steel Seizure Case

    Presidential Action In the Domain of Congress: the Steel Seizure CaseTo avert a nationwide strike of steel workers that he believed would jeopardize the national defense, President Truman, on April 8, 1952, issued an executive order directing the Secretary of Commerce to seize and operate most of th…

  • Subordinate Executive Officers

    Power and Duty of the President in Relation to Subordinate Executive OfficersIf the law casts a duty upon a head of department eo nomine, does the President thereupon become entitled by virtue of his duty to "take Care that the Laws be faithfully executed," to substitute his own judgment f…

  • Take Care Duty

    Powers Derived From The "Take Care" DutyThe Constitution does not say that the President shall execute the laws, but that "he shall take Care that the Laws be faithfully executed," i.e., by others, who are commonly, but not always with strict accuracy, termed his subordinates. Wh…