Tag: Executive Officers
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Subordinate Executive Officers
Power and Duty of the President in Relation to Subordinate Executive OfficersIf the law casts a duty upon a head of department eo nomine, does the President thereupon become entitled by virtue of his duty to "take Care that the Laws be faithfully executed," to substitute his own judgment f…
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Myers Versus Morrison
Myers Versus Morrison (Presidential Duties and Powers)How does this issue stand today? The answer to this question, so far as there is one, is to be sought in a comparison of the Court's decision in Myers, on the one hand, and its decision in Morrison, on the other.<a name=t1 href=#f1 target=&qu…
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Enforcement of the Penal Law
Power of the President to Guide Enforcement of the Penal LawThis matter also came to a head in "the reign of Andrew Jackson," preceding, and indeed foreshadowing, the Duane episode by some months. "At that epoch," Wyman relates in his Principles of Administrative Law, "the f…
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Congressional Power
Congressional Power Versus Presidential Duty to the LawThe Court's 1838 decision in Kendall v. United States ex rel. Stokes,1 shed more light on congressional power to mandate actions by executive branch officials. The United States owed Stokes m…
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Administrative Decentralization
Administrative Decentralization Versus Jacksonian CentralismAn opinion rendered by Attorney General Wirt in 1823 asserted the proposition that the President's duty under the Take Care Clause required of him scarcely more than that he should bring a criminally negligent official to book for his d…