Category: T
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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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Theory of the Presidential Office
Executive Power: Theory of the Presidential OfficeThe most obvious meaning of the language of Article II, § 1, is to confirm that the executive power is vested in a single person, but almost from the beginning it has been contended that the words mean much more than this simple designation of l…
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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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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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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…
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Transportation Regulation
Regulation of Other Agents of Carriage and CommunicationsIn 1914, the Court affirmed the power of Congress to regulate the transportation of oil and gas in pipelines from one State to another and held that this power applied to the transportation even though the oil or gas was the property of the li…
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Tax Exemptions
Tax Exemptions: When Not "Contracts"From a different point of view, the Court has sought to distinguish between grants of privileges, whether to individuals or to corporations, which are contracts and those which are mere revocable licenses, although on account of the doctrine of presumed …
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Taxation Purposes
Promotion of Business: Protective TariffThe earliest examples of taxes levied with a view to promoting desired economic objectives in addition to raising revenue were, of course, import duties. The second statute adopted by the first Congress was a tariff act reciting that "it is necessary for …
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Taxation Regulation
Taxation Purposes: Regulation by TaxationCongress has broad discretion in methods of taxation, and may, under the Necessary and Proper Clause, regulate business within a state in order to tax it more effectively. For instance, the Court has sustained regulations regarding the packaging of taxed arti…
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Taxes
Clause 4. TaxesNo Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.ResourcesNotes and ReferencesThis text about <a href="http://lawi.us/constitution-of-the-united-states-of-america-analysis-and-interpre…
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Taxes On Exports
Taxes On Exports (Powers Denied to Congress)The prohibition on excise taxes applies only to the imposition of duties on goods by reason of exportation.1 The word "export" signifies goods exported to a foreign country, not to an unincorporat…
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Taxes Permitted
Kinds of Taxes PermittedBy the terms of the Constitution, the power of Congress to levy taxes is subject to but one exception and two qualifications. Articles exported from any State may not be taxed at all. Direct taxes must be levied by the rule of apportionment and indirect taxes by the rule of u…