Constitutional US Law

Tag: Appointment of Officers

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • President Treaty-Making Power

    President Treaty-Making Power and the SenateThe plan that the Committee of Detail reported to the Federal Convention on August 6, 1787 provided that "the Senate of the United States shall have power to make treaties, and to appoint Ambassadors, and Judges of the Supreme Court." <a name=t1 …

  • Law of the Land Origin

    Origin of the ConceptionHow did this distinctive feature of the Constitution come about, by virtue of which the treatymaking authority is enabled to stamp upon its promises the quality of municipal law, thereby rendering them enforceable by the courts without further action? The short answer is that…

  • Lend-Lease Act

    The Lend-Lease ActThe most extensive delegation of authority ever made by Congress to the President to enter into executive agreements occurred within the field of the cognate powers of the two departments, the field of foreign relations, and took place at a time when war appeared to be in the offin…

  • Necessary and Proper Clause

    Necessary and Proper Clause DefinitionAll grants of power to Congress in § 8, as elsewhere, must be read in conjunction with the Necessary and Proper Clause, § 8, cl. 18, which authorizes Congress "[t]o make all Laws which shall be necessary and proper for carrying into Execution the …

  • Litvinov Agreement

    The Litvinov AgreementThe executive agreement attained its modern development as an instrument of foreign policy under President Franklin D. Roosevelt, at times threatening to replace the treaty-making power, not formally but in effect, as a determinative element in the field of foreign policy. The …

  • Executive Agreements

    The Domestic Obligation of Executive AgreementsWhen the President enters into an executive agreement, what sort of obligation does it impose on the United States? That it may impose international obligations of potentially serious consequences is obvious and that such obligations may linger for long…

  • Executive International Agreements

    Executive Agreements by Authorization of CongressCongress early authorized officers of the executive branch to enter into negotiations and to conclude agreements with foreign governments, authorizing the borrowing of money from foreign countries 1 an…

  • 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…

  • Forces Agreements

    Status of Forces AgreementsStatus of Forces Agreements, negotiated pursuant to authorizations contained in treaties between the United States and foreign nations in the territory of which American troops and their dependents are stationed, afford the United States a qualified privilege, which may be…

  • Hull-Lothian Agreement

    The Hull-Lothian AgreementWith the fall of France in June, 1940, President Roosevelt entered into two executive agreements the total effect of which was to transform the role of the United States from one of strict neutrality toward the European war to one of semibelligerency. The first agreement wa…