Tag: Art. 2 Sec. 2
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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…
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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…
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Pardon
The Legal Nature of a PardonIn the first case to be decided concerning the pardoning power, Chief Justice Marshall, speaking for the Court, said: "As this power had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institut…
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Pardon Limits
Limits to the Efficacy of a Presidential PardonBut Justice Field's latitudinarian view of the effect of a pardon undoubtedly still applies ordinarily where the pardon is issued before conviction. He is also correct in saying that a full pardon restores a convict to his "civil rights," …
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Pardon Power
Scope of the Pardon Power (Commander-In-Chief)The pardon power embraces all "offences against the United States," except cases of impeachment, and includes the power to remit fines, penalties, and forfeitures, except as to money covered into the Treasury or paid an informer,<a name=t1 href…
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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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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 …
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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…
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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…
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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 …
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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 …
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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…
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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…