Tag: Appointment of Officers
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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…
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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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Indian Treaties
Indian TreatiesIn the early cases of Cherokee Nation v. Georgia,1 and Worcester v. Georgia,2 the Court, speaking by Chief Justice Marshall, held, first, that the Cherokee Nation was not a sovereign st…
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Indian Treaties Today
Present Status of Indian TreatiesToday, the subject of Indian treaties is a closed account in the constitutional law ledger. By a rider inserted in the Indian Appropriation Act of March 3, 1871, it was provided "That hereafter no Indian nation or tribe within the territory of the United States …
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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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International Agreements Without Senate Approval
International Agreements Without Senate ApprovalThe capacity of the United States to enter into agreements with other nations is not exhausted in the treaty-making power. The Constitution recognizes a distinction between "treaties" and "agreements" or "compacts" but doe…
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International Compacts
Interpretation and Termination of Treaties as International CompactsThe repeal by Congress of the "self-executing" clauses of a treaty as "law of the land" does not of itself terminate the treaty as an international contract, although it may very well provoke the other party to t…
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International Organizations
International OrganizationsOverlapping of the treatymaking power through congressional-executive cooperation in international agreements is also demonstrated by the use of resolutions approving the United States joining of international organizations 1</a…
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Law of the Land
Treaties as Law of the LandTreaty commitments of the United States are of two kinds. As Chief Justice Marshall wrote in 1829: "A treaty is, in its nature, a contract between two nations, not a legislative act. It does not generally effect, of itself, the object to be accomplished; especially, s…
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Dormant Federal Power
State Laws Affecting Foreign Relations-Dormant Federal Power and PreemptionIf the foreign relations power is truly an exclusive federal power, with no role for the states, a logical consequence, the Supreme Court has held, is that some state laws impinging on foreign relations are invalid even in 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…
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Congressional Regulation of Offices
Appointments and Congressional Regulation of OfficesIt has never been questioned that the Constitution distinguishes between the creation of an office and appointment thereto. The former is by law and takes place by virtue of Congress's power to pass all laws necessary and proper for carrying in…
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Congressional Repeal of Treaties
Congressional Repeal of TreatiesMadison contended that, when Congress is asked to carry a treaty into effect, it has the constitutional right, and indeed the duty, to determine the matter according to its own ideas of what is expedient.1 Developments…
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Constitutional Limitations on the Treaty Power
Constitutional Limitations on the Treaty PowerA question growing out of the discussion above is whether the treaty power is bounded by constitutional limitations. By the Supremacy Clause, both statutes and treaties "are declared . . . to be the supreme law of the land, and no superior efficacy …
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Constitutionality of Trade Agreements
The Constitutionality of Trade AgreementsIn Field v. Clark,1 legislation conferring authority on the President to conclude trade agreements was sustained against the objection that it attempted an unconstitutional delegation "of both legislative…