Tag: PO
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Power to Issue Writs
Power to Issue Writs: The Act of 1789From the beginning of government under the Constitution of 1789, Congress has assumed, under the Necessary and Proper Clause, its power to establish inferior courts, its power to regulate the jurisdiction of federal courts, and its power to regulate the issuance …
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Powers Over Process
The Rule-Making Power and Powers Over ProcessAmong the incidental powers of courts is that of making all necessary rules governing their process and practice and for the orderly conduct of their business.322 However, this power too is derived from the statutes and cannot go beyond them. The landmark…
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Power to Admit Attorneys
Power to Admit and Disbar AttorneysSubject to general statutory qualifications for attorneys, the power of the federal courts to admit and disbar attorneys rests on the common law from which it was originally derived. According to Chief Justice Taney, it was well settled by the common law that "…
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Political Questions
Political QuestionsIn some cases, a court will refuse to adjudicate a case despite the fact that it presents all the qualifications that we have considered to make it a justiciable controversy; it is in its jurisdiction, presented by parties with standing, and it is a case in which adverseness and r…
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Political Questions History
Origins and DevelopmentIn the first decade after ratification of the Constitution, the Court in Ware v. Hylton 1 refused to pass on the question whether a treaty had been broken, and in Martin v. Mott,2</a…
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Political Questions Doctrine
The Doctrine Before Baker v. CarrOver the years, the political question doctrine has been applied to preclude adjudication of a variety of other issues. In particular, prior to Baker v. Carr,1 cases challenging the distribution of political power thr…
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Powell v. McCormack
Powell v. McCormackBecause Baker had apparently restricted the political question doctrine to intrafederal issues, there was no discussion of the doctrine when the Court held that it had power to review and overturn a state legislature's refusal to seat a member-elect because of his expressed vi…
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Power of Congress Over Legislative Courts
Power of Congress Over Legislative CourtsIn creating legislative courts, Congress is not limited by the restrictions imposed in Article III concerning tenure during good behavior and the prohibition against diminution of salaries. Congress may limit tenure to a term of years, as it has done in acts …
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Posse Comitatus
Military Power in Law Enforcement: The Posse Comitatus"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by …
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Post-War Years
Executive Agreements in the Post-War YearsPost-war diplomacy of the United States was greatly influenced by the executive agreements entered into at Cairo, Teheran, Yalta, and Potsdam.1 For a period, the formal treaty-the signing of the United Nation…
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Postwar Period
The Postwar Period and the PresidencyThe end of active hostilities did not terminate either the emergency or the Federal Government's response to it. President Truman proclaimed the termination of hostilities on December 31, 1946,1 and, in July 1…
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Power of Congress to Control President
The Power of Congress to Control the President's DiscretionOver the President's veto, Congress enacted the War Powers Resolution,1 designed to redistribute the war powers between the President and Congress. Although ambiguous in some respects…
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Power of Recognition
The Power of RecognitionIn his endeavor in 1793 to minimize the importance of the President's power of reception, Madison denied that it involved cognizance of the question, whether those exercising the government of the accrediting state had the right along with the possession. He said: "T…
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Powers and Term of the President
Clause 1. Powers and Term of the PresidentThe executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years and, together with the Vice President, chosen for the same Term, be elected, as follows:…
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Ports
Clause 6. Preference to PortsNo Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another….